Queens Surgeon Malpractice Lawyer

Fight for Your Compensation with Our Legal Team

There is little room for error in a surgical procedure, but surgeons and their support staff are human. They make mistakes, and at times these can cause serious harm to a patient. Some surgical errors can even cause a patient’s wrongful death.

Queens surgical error lawyer David Kates is here to offer experienced legal counsel if you or someone you love was seriously harmed as a result of a mistake before, during, or after surgery.

During a career that spans over two decades, David has developed the skill and resources to take on medical professionals and their insurance providers in these complex cases. He may be able to help you.

For a free review of your case, call (718) 866-3664. We can answer your questions and get you started on the road to recovery.

Understanding Surgical Error Statistics

Surgical errors, despite being alarming, are more common than often acknowledged. At least 4,000 surgical errors occur annually in the United States. According to an analysis of surgical error "never event" data from 1990 to 2010, these critical errors happen multiple times weekly:

• Leaving a foreign object inside a patient's body - 39 times
• Operating on the wrong body part - 20 times
• Performing the wrong procedure on a patient - 20 times

During this period, roughly $1.3 billion in surgical malpractice judgments were awarded to victims. The actual number of surgical errors is likely higher when considering unreported incidents, underscoring the need for rigorous surgical oversight.

Common Types of Surgical Errors You Should Know

A close examination of surgical errors reveals their varied nature. These errors may involve different medical roles, such as the surgeon, scrub nurse, anesthesiologist, and those in pre- or post-operative care. Although every surgery involves inherent risks, surgical errors surpass these known risks and occur due to unexpected human error.

The following are examples of surgical mistakes:

• Leaving an instrument or sponge behind in a patient
• Operating on the wrong side of the body
• Operating on the wrong body part
• Performing the wrong procedure
• Performing or recommending unnecessary surgery
• Cutting a nerve or perforating an organ
• Incorrect incisions
• Anesthesia dosage errors
• Failure to monitor a patient under anesthesia
• Failure to secure informed consent prior to a procedure
• Negligent post-operative care, leading to infection

Steps to Take When a Surgical Error Occurs

In the event of a suspected surgical error, immediately seek a thorough medical evaluation to ensure safety and document all treatments and communications with healthcare providers. This documentation will be crucial to your case evaluation.

Consulting with an experienced surgical error attorney in Queens County, like David Kates, is essential for navigating the intricacies of medical malpractice claims. His extensive knowledge helps identify critical elements to strengthen your case. Understanding local legal procedures and court requisites is crucial, making it imperative to have a seasoned lawyer by your side.

Common Causes of Surgical Errors

No two surgeries are exactly alike, which means each operation has its unique circumstances and potential for complications.

Nonetheless, surgeons and other medical professionals have an obligation to anticipate these risks and take proper care to minimize patient harm.

Surgical errors can be caused by:

• Incompetence or lack of skill: Surgeons new to the field or without extensive experience in specific procedures may lack the proficiency needed to successfully perform surgery.
• Poor preoperative planning: Surgeries often require thorough and precise preparation by both surgeons and nurses to ensure all necessary equipment is ready and available during the operation. This includes reviewing each patient's medical history and preparing for possible complications.
• Taking shortcuts during surgery: Sometimes, surgeons may skip steps they consider unnecessary to save time, which can lead to significant errors.
• Poor communication: Miscommunication between surgeons, nurses, and other medical professionals can lead to critical misunderstandings regarding the type of procedure being performed, which body part to operate on, or even proper dosage amounts.
• Operating while fatigued: Surgeons are known to work notoriously long shifts, sometimes exceeding 24 hours. Fatigued doctors are more likely to make mistakes.
• Operating under the influence of drugs or alcohol: The high-stress nature of surgery may lead some surgeons to rely on substances to remain alert. This dangerous practice can result in critical errors during surgery.
• Using defective surgical equipment: Defective medical equipment like surgical implants, surgical robots, pacemakers, and prosthetics can cause various complications during and after surgery.
• Failing to adhere to proper sterilization protocols: Instruments such as scalpels, forceps, clamps, and endoscopes must be properly cleaned, disinfected, and sterilized before each surgery to minimize the risk of life-threatening infection.

Proving Surgical Malpractice

A surgical error may be described as a preventable mistake if a surgeon fails to act with a reasonable level of care. Surgeons, scrub nurses, anesthesiologists, and all medical professionals involved in surgery are required to provide care up to today’s accepted standards.

This means they should act as a reasonably sensible professional would in similar circumstances, with similar training and tools at their disposal.

To prove surgical malpractice, it's essential to show how the standard of care was breached and directly caused harm. Gathering detailed medical records, witness testimonies, and expert opinions is crucial to building a strong case. Additionally, understanding the complexities of surgical environments and hospital protocols will strengthen claims. Legal guidance ensures all facets are meticulously addressed and presented.

Given the many elements of a surgical malpractice case, it is necessary to clearly define the standard of care and how a patient’s injury resulted from a deviation from that standard.

With extensive legal experience, Queens surgical error attorney David Kates works with trusted medical experts and witnesses to develop compelling cases for clients. This approach paves the way for better results and higher payouts, helping injured patients secure better futures.

The Impact of Surgical Errors

Mistakes during surgery can lead to devastating outcomes for both patients and their loved ones. Errors, such as operating on the wrong body part or anesthesia accidents, can result in severe injuries requiring prolonged recovery or even fatalities.

Some potential consequences of surgical errors include:

• Chronic pain and discomfort
• Permanent disability, impairment, or disfigurement
• Lost wages and diminished earning capacity
• Loss of quality of life
• Additional medical expenses for corrective surgeries or treatments
• Emotional trauma and distress

Beyond immediate physical impacts, surgical errors can lead to long-lasting psychological effects such as increased anxiety, depression, or PTSD-like symptoms. Support from mental health professionals, along with proper medical follow-up care, is crucial for recovery. Furthermore, these errors often necessitate significant lifestyle changes and financial adjustments, further exacerbating the emotional and practical burdens on victims and their families.

Understanding Surgical Errors in Queens: Local Resources & Support

Residents of Queens have access to some of New York City's finest medical facilities, including NewYork-Presbyterian Queens and Mount Sinai Queens. However, surgical errors still occur, even in top-tier hospitals. If you or a loved one has been affected by a surgical mistake, it's vital to be aware of the local resources and support available to you.

The New York State Department of Health oversees and regulates medical practices throughout Queens and the state. While these entities work to maintain high care standards, errors continue to happen, leaving patients to manage the aftermath. Common issues faced by Queens residents include staff miscommunication, rushed procedures due to high patient volumes, and inadequate post-operative care.

David Kates comprehends the unique challenges experienced by Queens residents. Our borough's bustling nature can cause hospitals and medical staff to operate under immense pressure, leading to mistakes. Whether it's leaving a foreign object inside a patient or an incorrect procedure, these errors can have devastating consequences.

By selecting a local attorney familiar with Queens, you can ensure your case receives the attention and accuracy it deserves. David Kates understands the local medical landscape and the specific pain points of residents. He is dedicated to helping you navigate the complexities of surgical malpractice claims, ensuring you receive the compensation you deserve.

If you have been affected by a surgical error in Queens, it's important to seek a free consultation. Understanding your rights and local resources is the first step toward recovery. Additionally, local support groups and patient advocacy organizations can provide valuable emotional and educational assistance during this challenging time.

Navigating the Queens County Legal System

Understanding the legal framework in Queens County is crucial for pursuing a surgical malpractice case. This process involves navigating the local court system, which can be intricate and challenging without proper legal guidance. David Kates offers substantial experience in handling detailed aspects of filing and representing cases in the Queens legal system, including compiling necessary documentation and presenting compelling arguments. His approach ensures that cases are given the best possible chance for favorable outcomes.

Ready to find out how we can help you? Call (718) 866-3664 or contact us online!