Surgical Errors

Queens Surgical Error Attorney

We Can Fight for the Compensation You Deserve

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.

Surgical Error Statistics

As horrific as they may be, surgical errors are surprisingly common. At least 4,000 surgical errors occur in the United States each year. According to an analysis of surgical error "never event" data between 1990 and 2010, on average, the following errors occur multiple times on a weekly basis:

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

Roughly $1.3 billion in surgical malpractice judgments were paid to victims during this 20-year period. It is believed that the true number of surgical errors is even higher when factoring in unreported incidents.

Types of Surgical Errors

Taking a closer look at surgical errors, we can see that they take on many forms and may involve different medical professionals involved in a surgical procedure, from the surgeon to the scrub nurse to the anesthesiologist and even those involve in pre- or post-operative care.

While every surgery has a certain level of risk, surgical errors go beyond the known risks of surgery and occur unexpectedly due to 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 an unnecessary surgery
  • Cutting a nerve or perforating an organ
  • Incorrect incisions
  • Anesthesia dosage errors
  • Failure to monitor a patient under anesthesia
  • Failure to get informed consent prior to a procedure
  • Negligent post-operative care, leading to infection

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Commonly Asked Questions

What should I do if I suspect a surgical error has occurred?

If you believe that a surgical error has occurred, it is crucial to seek medical attention immediately to address any potential health issues. After ensuring your safety, document all relevant details about the surgery, including dates, procedures performed, and any symptoms you are experiencing. Consulting with a legal professional who understands surgical malpractice can help you understand your rights and options for pursuing compensation. In Queens, you can reach out to a knowledgeable attorney who can guide you through the process and help you gather the necessary evidence to support your claim.

How long do I have to file a surgical malpractice claim in Queens?

In Queens, the statute of limitations for filing a surgical malpractice claim is generally two and a half years from the date of the incident or from when the injury was discovered. However, there are exceptions that may apply, such as cases involving minors or instances where the medical professional concealed their error. It is essential to act promptly and consult with a legal professional to ensure that you meet all necessary deadlines and preserve your right to seek compensation for your injuries.

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    David has over 20 years of professional legal experience.
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David Kates prides himself in getting to the bottom of why a patient was hurt and neglected. Call (718) 866-3664 to discuss your case.

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At Law Office of David A. Kates, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    “David Kates knew every single detail of my extremely complicated medical malpractice case.”
    I made the best choice when I decided to go with David Kates as my attorney. I waited 7 years to finally have the opportunity to tell my story to a jury and he truly put his heart and soul into my case. He was up against another top-notch lawyer at my trial. He was very impressive in the courtroom and he also spent an enormous amount of time before trial preparing. He knew every single detail of my extremely complicated medical malpractice case. He exceeded my expectations and I was truly blown away after watching him at trial. It was a very emotional time for me and he was so supportive. I couldn’t have asked for a better attorney.
    - Crysti B.
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    I highly recommend working with David. From our first conversation, he was an attentive listener and a very clear communicator. He is very good at what he does and has lots of proven experience as evidence. I felt supported every step of the way working with David even when it came to talking about some of the more difficult stuff. He's a great advocate and I'm grateful to have had him on my side.
    - Chelsea F.
    “Working with David as my personal injury lawyer was more than I could have asked for.”
    Working with David as my personal injury lawyer was more than I could have asked for. Upon meeting David, he took the time to sit and listen to my story, heard my concerns, and walked me through the process of what to expect, and he thoroughly prepared me for all matters involved. He is empathetic, professional, and tough when necessary. I'm so thankful for his tenacity with my trial, and for never backing down when I sometimes felt all hope was lost - David never let me lose sight of the bigger picture, ever! Thank you, David... you truly were remarkable.
    - Kristine I.
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    “I would not hesitate to work with or recommend David again, he is a true benefit to the legal profession!”
    - Annmarie G.
    “David Kates is a hard working excellent attorney who goes the extra mile.”
    David Kates is a hard working excellent attorney who goes the extra mile. After other lawyers turned down my case not once but twice, David investigated and proved the doctor falsified her chart. I recovered over 2 million dollars. Thank you very much Mr David Kates and God Bless you !!!
    - Maria S.
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    - Former Client