Surgery performed on the wrong body part, also known as a wrong site surgery, is a serious medical error that is inexcusable. Unfortunately, wrong site surgeries are much more common than they should be. Seek the help of our wrong site surgery attorneys in New York today if you’ve been the victim of such a gross medical error.
Risk Factors for Wrong Site Surgery
According to the Agency for Healthcare Research and Quality, one of the leading causes of wrong site surgery is the improper marking of the site at which surgery is to occur. In some instances, markings at a site have led to confusion over whether the marking is indicative of the site at which the operation should be performed, or the site that should be avoided.
In addition to the improper marking (or understanding of markings), another leading cause of wrong site surgery is communication issues. These communication issues may be between hospital staff and surgeons, or surgeons and patients. Oftentimes, the failure to take a surgical time out, or the act of meeting with the operating staff before the operation to verify details of the procedure, can lead to a surgical error such as this.
Furthermore, other preoperative planning failures and lack of institutional controls can lead to wrong site surgery, according to the American Academy of Orthopaedic Surgeons. Regardless of the specific risk factors at play, the failure of the surgeon to exercise due care is often to blame for the mistake.
Consequences of Wrong Site Surgery
A wrong site surgery can have serious consequences for a patient, often leaving the patient with devastating and irreversible damage, take these instances for example.
- A patient has the wrong kidney removed
- A patient has an operation performed on the incorrect level of the spine
- A patient has the incorrect limb amputated
Often, wrong site surgeries lead to costly medical expenses for the patient, long-term complications, and emotional trauma. In some cases, a wrong site surgery can lead to death.
Recovering Damages for Wrong Site Surgery
If you or a loved one has suffered from wrong site surgery, speak with our wrong site surgery lawyers in New York about recovering damages.
You’ll have to file a medical malpractice suit In order to recover compensation for the following.
- Pain and suffering
- Emotional trauma
- Medical expenses
You will have to prove that the surgeon acted negligently – or outside an accepted standard of care – and that this negligent behavior caused adverse health (physical or mental) consequences. In New York, you have two and half years from the date of the wrong site surgical error to file a lawsuit for damages, according to New York Civil Practice Laws & Rules section 214-a.
Our Wrong Site Surgery Attorneys in New York Can Help
When you’re the victim of a preventable medical error like wrong site surgery, it’s important to take legal action. Doing so holds the surgeon responsible and helps you to get the compensation you need to pay for expensive bills and maintain your standard of living.
Because of the statute of limitations, which restricts the time that you have to file a personal injury suit, act as soon as possible to get the legal process started. The attorneys at Gacovino, Lake & Associates, P.C. can help you begin filing your claim for damages today. Our legal team will make sure you have a knowledgeable legal advocate by your side throughout the entire process.
For legal help pursuing a medical malpractice claim, get in touch with us today at 800-550-0000 or use the form on our contact page to set up your appointment.
