Wrong Site Surgery Malpractice in The Bronx

Wrong site surgery malpractice in The Bronx often occurs due to a preventable medical error. In a significant percentage of cases involving wrong site surgery, patients require additional procedures to address the mistake. This is because an incorrect surgery will often aggravate a patient’s initial condition as well as create new health problems.

Wrong site surgery may lead to visible disfigurement and scarring, causing profound psychological distress. In addition, patients and their families often experience significant emotional anguish. If you have been injured by a wrong site surgery, consider speaking with a surgical error attorney who could help you understand your legal rights.

Common Wrong Site Surgery Errors

If the medical team is negligent, wrong site surgery malpractice may occur during a range of common procedures performed in The Bronx. Procedures typically associated with wrong site surgery errors include spine and intervertebral disc surgery, arthroscopy, and muscle/tendon surgery. Common types of wrong site surgery include operations on:

• The opposite side of the body from the intended site (e.g., the right arm instead of the left)
• The wrong level of the spine or other anatomical structure (e.g., the wrong vertebrae during spinal surgery)
• The wrong organ or body part (e.g., the small intestine instead of the large intestine)
• The wrong patient

Miscommunication among surgical team members and inadequate patient assessment and care planning are major culprits in this form of medical malpractice. Medical professionals’ failure to follow established protocols and guidelines, such as surgical site marking and verification checklists, may also contribute to these potentially life-threatening errors.

Wrong site surgery malpractice may be more likely to occur when health care professionals fail to take the proper preoperative steps before the procedure, lack adequate training and experience, or are fatigued or distracted. Disorganization or understaffing at the hospital may also be a contributing factor. If you have been injured by a wrong site surgery, an attorney could investigate the matter to determine whether the event constitutes medical negligence and what compensation could be available.

Elements of Wrong Site Surgery Malpractice

In cases of wrong site surgery, the burden of proof rests on the patient to demonstrate the surgeon deviated from the standard of care and that this deviation caused their injuries. To succeed in a medical malpractice case, a person must prove the following elements:

• Duty of care: The surgeon owed a duty of care to the patient
• Breach of duty: The surgeon breached that duty by failing to exercise the standard of care expected of a reasonable surgeon under similar circumstances
• Causation: The breach of duty directly caused the patient’s injuries
• Damages: The patient suffered actual damages (such as medical expenses, and pain and suffering) as a result of the injuries

Multiple parties may be liable for a wrong site surgery, including the surgeon, the medical team, and the health care provider or hospital that employs them. To prove a breach of the standard of care, an attorney may obtain testimony from a medical professional in the same field as the surgeon to explain what a reasonable surgeon would have done under similar circumstances.

Other important evidence can include medical records, diagnostic images, doctor’s notes, and additional relevant documents. A Bronx attorney will ensure that you file your wrong site surgery malpractice claim within the applicable statute of limitations, which is the time limit for filing a lawsuit. The statute of limitations for medical malpractice, including wrong site surgery, is typically two and a half years (30 months) from the date of the alleged negligent act.

Call a Wrong Site Surgery Malpractice Attorney in The Bronx

Medical malpractice cases are highly technical and require a deep understanding of medical law, health care regulations, and the intricacies of medical negligence. If you were injured due to wrong site surgery malpractice in The Bronx, you should consider seeking the help of a medical malpractice attorney who is well-versed in these cases.

Insurance companies often employ tactics to minimize payouts or avoid responsibility in medical malpractice cases. An attorney could fight against these tactics and advocate for your rights, ensuring that you receive the compensation you deserve. Contact us today to schedule your case consultation.