New York City Surgical Error Attorneys

Patients trust surgeons and medical teams to perform procedures safely and with proper care. When that trust is broken by preventable surgical errors, the impact can be life-altering. In New York City, these mistakes continue to cause serious injuries and, in some cases, wrongful death.

For more than five decades, Paul B. Weitz & Associates, PC, has represented individuals and families harmed by surgical mistakes. Our firm handles complex medical malpractice cases and works to secure the financial recovery clients need to address medical costs, lost income and long-term consequences.

What Is A Surgical Error?

As the name suggests, a surgical error is an error made by a medical professional during surgery.

Not all surgeries can go perfectly all the time. Sometimes, surgeries result in complications, which occur for reasons outside the surgeon’s control, such as when a body rejects a replacement organ.

In contrast, surgical errors are considered to be within the surgeon’s control – when they happen, it is because someone made a mistake.

Why Hire A New York City Surgical Malpractice Lawyer From Paul B. Weitz & Associates, PC?

When a surgical error causes serious harm, choosing the right legal team matters. Our firm offers the experience, resources and results many injured patients want when pursuing a claim.

• An established New York law firm with decades of experience. Paul B. Weitz & Associates, PC, has represented injury victims in New York for more than 50 years. We have the size, knowledge and resources to handle complex surgical malpractice cases from start to finish.
• Proven leadership in medical malpractice litigation. Our founding and managing partner, Paul B. Weitz, has practiced personal injury law for over 25 years and has secured dozens of multimillion-dollar verdicts and settlements for injured clients.
• Nationally recognized credentials and peer respect. Attorneys at our firm have been selected for inclusion in the Super Lawyers list, an honor based on peer nominations, independent research and professional achievement. Only a small percentage of attorneys earn this distinction each year.
• A strong history of significant results. Our firm has recovered some of the most substantial verdicts and settlements in New York for victims of medical negligence, including a recent $32,000,000 medical malpractice award for a brain-damaged infant.
• Trial-ready representation. Mr. Weitz is a Harvard Law School honors graduate, a published author on trial advocacy and a former president of the New York State Chapter of the American Board of Trial Advocates. He regularly lectures other attorneys on effective trial strategy.

Our medical malpractice attorneys prepare every surgical error case as if it will go to trial, which helps protect our clients’ rights and strengthens their position during negotiations.

Our Experience Handling Surgical Errors In New York

When you retain our services, you can rest assured knowing you have a skilled and knowledgeable attorney on your side who has handled a wide variety of surgical error cases:

• Routine surgery errors
• Wrong-site surgeries
• Foreign objects left in patient
• Removal of wrong organ
• Administration of the wrong medication
• Anesthesia errors
• Accidental perforation of other organs during surgery
• Birth-related injuries associated with a cesarean section birth

Injuries And Wrongful Death At Out-Patient Facilities

Surgical procedures performed at outpatient centers can carry serious risks when emergencies arise. These facilities often operate with smaller teams and limited resources compared to hospitals. If complications occur, delays in care or a lack of proper equipment can turn a manageable situation into a life-threatening one.

At Paul B. Weitz & Associates, PC, our attorneys regularly represent patients harmed during procedures at outpatient facilities. We understand how these cases differ from hospital-based medical malpractice claims. Plus, we know how to pursue accountability when unsafe practices, inadequate staffing or poor emergency planning contribute to medical negligence.

What Are Common Causes Of Surgical Errors?

Many issues can lead to surgical mistakes. Common causes include:

• Poor communication between the surgical team before or during the procedure
• Inadequate training, supervision or staffing
• Failure to confirm the correct patient, site or procedure (time-out errors)
• Fatigue, distractions or rushed decision-making in the operating room
• Improper use of anesthesia or missed anesthesia monitoring issues
• Errors in medication dosage or administration during surgery
• Leaving a foreign object behind, such as a surgical sponge
• Retained surgical tools or a surgical instrument after the incision is closed
• Failure to track instruments and sponges from start to finish
• Improper sterilization leading to infection
• Delayed response to bleeding, organ damage or other surgical complications

We can review your case to identify what went wrong and whether medical negligence played a role.

What Your New York Surgical Errors Attorney Needs To Prove In Your Case

To prove any medical malpractice claim, there needs to be four specific elements present:

• Proof of a professional duty owed to a patient
• A breach of that duty
• The injuries caused by that breach
• The resulting damages from the injuries

When these four factors are present in a claim, you likely have grounds to file a claim for your injuries, including financial losses and pain and suffering.

Steps To Take After A Surgical Error In New York

If you believe a surgical error harmed you, take steps to protect your health and your potential claim:

1. Get medical care right away. Follow up with a qualified provider to address complications, infections or worsening symptoms.
2. Request your records. Ask for operative notes, discharge paperwork, imaging, lab results and follow-up instructions.
3. Document what happened. Write down dates, provider names, symptoms and how your condition changed after surgery.
4. Keep bills and receipts. Save invoices, prescription costs and proof of missed work to show your damages.
5. Avoid speculation on social media. Comments can get taken out of context and used against you later.
6. Talk to a lawyer before giving statements. Hospitals and insurers may contact you quickly. A surgical malpractice lawyer can help you respond and build a clear timeline.

Acting quickly can protect your health and your rights. A surgical malpractice attorney can help you determine whether medical negligence occurred and what options you may have moving forward.

Who Can Be Held Liable In A Surgical Errors Lawsuit In New York City?

Liability may depend on where the error occurred and who controlled each step of care. Potentially responsible parties may include:

• The surgeon or assisting surgeons
• The anesthesiologist or anesthesia team
• Nurses or surgical staff involved in instrument counts and monitoring
• The hospital or surgical center for unsafe policies, staffing or training gaps
• Other treating providers whose decisions contributed to the harm

Our medical malpractice attorneys can review your records and identify who may be legally responsible.

Statute Of Limitations To File A Surgical Errors Claim In New York

In most cases, the statute of limitations for a New York surgical error claim is 30 months. Be sure not to wait to initiate your personal injury claim, as it can take months or longer to finally resolve.

Put The Fight In Your Corner – Contact Us Today

When it comes to surgical malpractice, the New York City surgical error attorneys at Paul B. Weitz & Associates, PC, know what to look for as well as the best approach to recovering maximum compensation. Whether we settle a case early or try your case before a judge, you are in good hands.

Schedule a free initial consultation at our New York City office today. Call us at 646-916-3179 or contact us online to set up an appointment for help with your New York case. Se habla español.