Principal Attorney
Undergoing surgery can be a daunting experience, often accompanied by feelings of vulnerability and uncertainty. While we trust medical professionals to provide us with the highest standard of care, surgical errors, and malpractice can occur, leading to devastating consequences for patients. It’s essential to understand how to identify these cases in order to seek legal recourse.
1. Failure to Obtain Informed Consent
Before undergoing surgery, patients have the right to be fully informed about the risks, benefits, and alternatives to the proposed procedure. If a surgeon fails to obtain informed consent or misrepresents the potential risks and complications associated with surgery, it may constitute medical malpractice. Patients have the right to make informed decisions about their medical care, and any deviation from this standard of care can be grounds for legal action.
2. Surgical Errors and Complications
Surgical malpractice can involve a wide range of errors and complications during the surgical procedure itself. Common examples include:
- Operating on the wrong body part or performing the wrong procedure
- Leaving surgical instruments or foreign objects inside the patient’s body
- Damage to surrounding organs, tissues, or nerves during surgery
- Inadequate sterilization procedures leading to infections
- Anesthesia errors, such as administering the wrong dosage or failing to monitor the patient’s vital signs
If you experience unexpected complications or adverse outcomes following surgery, it’s essential to investigate whether medical negligence played a role in your injuries.
3. Postoperative Negligence and Follow-up Care
Surgical malpractice extends beyond the operating room and can also involve inadequate postoperative care and follow-up. This may include:
- Failure to monitor the patient’s condition and detect complications
- Delayed or improper treatment of surgical complications, such as infections or bleeding
- Discharging the patient prematurely without ensuring their safety and well-being
- Neglecting to provide appropriate instructions for postoperative care and recovery
Patients have the right to receive thorough and competent medical care throughout the entire surgical process, from preoperative preparation to postoperative recovery.
4. Lack of Proper Documentation
Medical records play a crucial role in identifying instances of surgical malpractice. If there are discrepancies or omissions in your medical records, such as missing surgical notes, incomplete documentation of complications, or alterations to the record, it may indicate negligence or attempts to conceal medical errors. Reviewing your medical records with the assistance of an experienced attorney can help uncover evidence of malpractice and strengthen your case.
5. Persistent Pain and Unanticipated Complications
Persistent pain, disability, or unanticipated complications following surgery may be indicative of surgical malpractice. If your condition worsens or fails to improve despite receiving medical treatment, it’s essential to explore whether medical negligence contributed to your suffering. Consulting with a knowledgeable attorney can help you understand your legal rights and options for pursuing compensation for your injuries and losses.
The Attorneys at Civardi & Obiol Help Those in New York Who Have Been Injured Due to Medical Malpractice
If you or a loved one has been injured due to medical malpractice, it’s crucial to understand your rights and the potential legal remedies available to you. A knowledgeable and experienced personal injury attorney can advocate for justice.
At Civardi & Obiol, our qualified New York personal injury attorneys will help walk you through the process every step of the way. To learn more or schedule a free consultation, contact us today!