Surgical procedures always carry some risk. But when preventable errors cause harm, you may have the right to take legal action. In New York, the law holds medical professionals to a high standard of care. If a doctor or surgical team fails to meet that standard and causes injury, it may qualify as medical negligence. Knowing the warning signs can help you protect both your health and your legal rights.
Unexpected or unexplained complications
Complications can happen in any surgery. However, your medical team should explain unexpected outcomes or potential risks before surgery. If they do not, and you experience issues like excessive bleeding, nerve damage or unexplained pain, it may be a sign of negligence.
Infections due to poor sanitation
Hospitals and surgical centers must adhere to strict sanitation guidelines. If you develop a severe infection, it may be due to the use of unsterilized tools or a contaminated environment. Improper wound care can also lead to the development of disease. Any of these may point to unsafe practices.
Retained surgical instruments
Surgeons sometimes leave tools, such as sponges or clamps, inside the body. These events suggest the team did not follow standard safety procedures. This grave mistake requires a second surgery to correct the error. And when this happens, it may cause internal damage.
Wrong-site or wrong-patient surgery
If a doctor operates on the wrong body part or the wrong patient, it shows a significant failure in safety checks. These never events are rare but often devastating. They usually involve poor communication or skipped verification steps.
Delayed recognition of surgical errors
Sometimes, doctors do not notice a mistake until after surgery. You may feel pain for weeks or lose mobility. In some cases, you may require an additional procedure. Delays in identifying problems can worsen your condition.
Legal support for those affected in New York
If you believe a surgical error caused harm, you may take legal action. New York law allows you to seek compensation for your medical bills, lost income and pain. A medical malpractice attorney may be able to help you understand your options and fight for your rights.