All surgeries carry some inherent risk to the patient. Patients are entitled, however, to a level of care that meets with the established standard in the profession, and for their surgeon and other medical staff to perform the surgery with care and competence. One of the greatest risks to patients in surgery is surgical error or negligence on the part of the medical provider. Surgical error includes mistakes made in preparation for surgery, during surgery or after surgery. Examples or surgical error include deficient hygiene standards causing infection, erroneous administration of anesthesia, surgical instruments left inside the body, punctured, perforated or otherwise damaged organs and body parts and poor surgical technique. If surgeons fail to perform sufficient pre-surgical testing and investigations and go on to perform inappropriate surgery, they may be found liable for the damage arising out of that incorrect surgery.
Patients are also entitled to be provided information about the proposed procedure, and provide “informed consent” to undergo the procedure. A lack of informed consent is “the failure of the person providing the professional treatment or diagnosis to disclose to the patient such alternatives thereto and the reasonable foreseeable risks and benefits involved as a reasonable, medical, dental or podiatric practitioner under similar circumstances would have disclosed, in a manner permitting the patient to make a knowledgeable evaluation.” If a patient is deprived the opportunity to make an informed decision about the surgery or treatment proposed, they may be entitled to recover financial damages if the surgery or treatment proceeds and causes a violation of the patient’s rights, or illness, injury or wrongful death.
If you or a loved one has been injured or suffered wrongful death during a surgical procedure which you believe may be as a result of medical negligence, contact O’Hare Parnagian LLP. The experienced New York medical malpractice and hospital malpractice attorneys at O’Hare Parnagian LLP will provide you with the very best in dedicated and personalized legal representation. We know injuries to you, your loved one, or a devastating wrongful death are traumatic and stressful and we are here to help you. Meet with us and you will come to know our aggressive yet compassionate attorneys, skilled in discussing difficult and sensitive matters with victims, parents, children and families. No matter the severity or the type of incident, the experienced attorneys at O’Hare Parnagian LLP have seen and dealt with almost everything. We will thoroughly investigate your claim, identify the negligent parties, pursue your case vigorously through a lawsuit, build the strongest case possible and achieve the best outcome in your case while holding all responsible parties accountable.
Because the law limits the time in which you can bring a claim, you should contact us immediately to investigate your case. Sometimes filings must be made within 90 days of the injury.
Call us at 212.425.1401, or contact us online to set up a consultation to discuss your legal options. One of our attorneys will respond to you within 24 hours.