New Jersey Surgical Errors Attorney

Surgical Errors Lawyers

Surgery, whether elective or life-saving, requires a tremendous level of trust in the hands of medical professionals. Unfortunately, surgeons sometimes make mistakes that result in severe, sometimes life-altering consequences for patients. When a surgical error occurs, physical, emotional, and financial damages can be debilitating.

If you or a loved one has been harmed due to a preventable surgical mistake in New Jersey, you need a knowledgeable surgical error attorney to help you seek justice and compensation for your suffering. Varcadipane & Pinnisi, P.C. is committed to fighting for the rights of those impacted by medical negligence, ensuring that healthcare providers are held accountable. Let a New Jersey surgical errors attorney review your case today and help determine the most appropriate course of action in seeking legal recovery.

Table Of Content

• How Common Is a Surgical Mistake?
• Common Causes of Surgical Errors
• Who Can Be Liable for a Surgical Mistake?
• How Long Should I Wait to File a Claim?
• Discuss a Possible Case with a NJ Surgical Error Lawyer

How Common Is a Surgical Mistake?

Surgical errors, often referred to as “never events” because they should never happen, are more common than many people realize. According to a study published in Surgery Journal, over 4,000 surgical errors are estimated to occur in the United States every year.

The study further estimates that surgeons leave foreign objects, like towels or sponges, inside patients at least 39 times a week. Additionally, performing the wrong surgery or operating on the wrong body part happens about 20 times a week.

These mistakes can result in prolonged hospital stays, additional surgeries, and, in severe cases, permanent disability or death. The NCBI emphasizes the psychological toll on both patients and healthcare providers, who may experience guilt or depression following an error. Economically, these mistakes contribute to soaring healthcare costs, with estimates suggesting billions are spent annually on addressing preventable medical errors.

Common Causes of Surgical Errors

Surgical errors can stem from a variety of causes, many of which are due to a doctor’s departure from the standard of care. If you believe there was negligence in your surgical procedure, your lawyer can help investigate it and unearth the root of any mistakes. Some of the most common causes of surgical errors include:

• Inadequate preoperative planning. If a health professional fails to properly prepare for surgery, whether by misunderstanding the patient’s medical history, misreading charts, or neglecting to ensure proper equipment is available, critical errors may occur during the procedure.
• Fatigue and overwork. Surgeons and operating room staff often work long hours, which can result in physical and mental fatigue. Fatigue diminishes focus and attention to detail, increasing the likelihood of mistakes.
• Communication failures. Effective communication between the surgeon, nurses, anesthesiologists, and other medical staff is crucial. A breakdown in communication, such as unclear instructions or misinterpreted information, can result in life-threatening surgical errors.
• Lack of experience or training. Surgeons who lack adequate experience or training in a specific procedure may make mistakes due to unfamiliarity with the operation or poor decision-making in high-pressure situations.
• Surgical site confusion. Errors such as performing surgery on the wrong patient, wrong body parts, or wrong side of the body are known as wrong-site surgeries. These catastrophic errors are almost always the result of poor preoperative protocols or miscommunication among the surgical team.
• Medication errors. Mistakes involving anesthesia or post-surgical medications can be extremely dangerous. Administering the wrong drug, incorrect dosage, or failing to monitor the patient’s reaction to anesthesia can lead to severe complications, including death.

No matter the cause, a surgical error is often preventable. If your surgery has gone wrong due to any of these reasons, you need to establish if negligence played a role and what options you have to seek justice.

Who Can Be Liable for a Surgical Mistake?

When a surgical error occurs, you must determine liability which is the basis for pursuing compensation. Liability may not rest solely with the surgeon, as many individuals and entities contribute to the success or failure of a surgery. Parties that could be held liable include:

• Surgeons. As the lead figure in the operating room, the surgeon is often responsible for ensuring the surgery is performed correctly. If a surgeon fails to adhere to the standard of care, they may be directly liable for any errors that occur.
• Anesthesiologists. Administering anesthesia is a delicate task that requires precise calculations and monitoring. If an anesthesiologist makes a mistake that leads to complications, they could be held liable for the resulting harm.
• Surgical nurses and staff. Nurses and other medical staff are tasked with assisting during surgery. This includes preparing the operating room, ensuring the proper instruments are used, and monitoring the patient. If they fail to fulfill these duties, their negligence may contribute to a surgical error.
• Hospitals and healthcare facilities. Sometimes, systemic issues within the hospital, such as inadequate staffing, improper training, or lack of proper equipment, can lead to surgical mistakes. In these cases, the hospital or healthcare facility itself may be held accountable.
• Medical device manufacturers. In some cases, faulty surgical equipment or devices can cause harm. If a defective medical tool or product contributes to an error during surgery, the manufacturer of that device may share liability.

A New Jersey surgical errors attorney from our firm can thoroughly investigate the circumstances of your case to determine who should be held accountable for your injuries.

How Long Should I Wait to File a Claim?

New Jersey law sets specific time limits, known as statutes of limitations, for filing medical malpractice claims. You have only two years from the date of the surgical error or the date when you reasonably discovered the injury to file a claim.

However, if the injury caused by the surgical error was not discovered immediately, the law allows you to file a claim within two years from the date you discovered the surgical injury. If the surgical error resulted in the death of a loved one, the two-year time limit begins from the date of death.

Because time is limited, it’s important to consult with a surgical error attorney as soon as possible. Waiting too long to file a claim could result in the dismissal of your case, leaving you without compensation for your injuries.

Discuss a Possible Case with a NJ Surgical Error Lawyer

Surgical errors are breaches of trust that can have devastating consequences for patients and their families. If you or a loved one has suffered due to a surgical mistake, it’s important to know that you have options. A New Jersey surgical error lawyer at Varcadipane & Pinnisi, P.C. will help determine whether you have a valid claim and guide you professionally.

Importantly, our malpractice lawyers in New Jersey will utilize every possible resource, including medical experts, to prove the case and ensure that those responsible are held accountable. If you are facing the consequences of a surgical error, we encourage you to share your story with us. Contact us today at (201) 588-1500 to schedule a free consultation.

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