What Do Surgeons Say When They Mess Up?

Jeff Varcadipane

March 11, 2024

A John Hopkins report over an 8 year-period revealed more than 250,000 deaths per year due to medical errors. This makes medical malpractice one of the leading causes of death in the United States.

Despite the high prevalence of medical mistakes, healthcare providers often aggressively defend against malpractice claims and deny liability for patient harm. Patients bringing medical malpractice claims often have an uphill battle, and they need the right legal representation.

This is especially true in the event of a surgical error. It can be difficult to prove that surgical errors were the result of malpractice instead of being a simple mistake, which the surgeon will likely claim.

If you suffered injuries during surgery and believe you might have a claim, discuss your options with a New Jersey medical malpractice attorney as soon as possible.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor, healthcare provider, hospital, or health facility fails to care for someone according to acceptable standards of the medical profession, resulting in an injury, illness, or worsening of the patient’s condition.

Examples of healthcare providers who might commit medical malpractice include:

Nurses
Doctors
Radiologists
Surgeons
Anesthesiologists

An injured victim has a right to compensation if a healthcare professional provided medical services below the acceptable level of care, resulting in an injury. Proving that an error constituted malpractice can be challenging and requires expert medical analysis.

Elements of Medical Malpractice

If you believe you’re a victim of medical malpractice, the burden of proof lies with you. You must, therefore, establish the following elements to prove a medical malpractice case and obtain compensation:

You were under the care of a healthcare provider or physician
The medical provider breached their duty of care by failing to do what a qualified physician would have done in a similar position
As a result, you suffered an injury, illness, or worsened condition for their failure to treat you adequately
You suffered losses as a result of the harm, including medical bills, lost income, and pain and suffering

Surgical Malpractice

One common form of medical malpractice involves surgical errors, which can happen during any type of surgical procedure, whether minor or major. Although surgeons have a high level of training, they often commit mistakes, leading to serious harm to patients.

Examples of surgical malpractice include:

Failing to obtain informed consent from a patient
Not properly reviewing a patient’s medical file prior to a procedure
Operating on the wrong side of the body or the wrong body part
Removing a healthy organ or tissue
Performing a surgical operation on the wrong patient
Leaving surgical instruments in a patient’s body
Operating while fatigued or impaired
Improper sanitation by the surgeon or surgical team
Allowing untrained surgical team members to participate in a procedure
Improper post-operative care or monitoring

These errors can cause serious harm to patients, often requiring significant additional medical care, including possible subsequent surgeries and extended hospital stays. Some surgical errors are fatal.

How Do Surgeons React to Mistakes?

One study found that many surgeons do not even apologize to patients or make any admission at all when they make a surgical error. This is because they fear admitting liability for the purposes of a possible medical malpractice claim. This often leaves patients feeling alone and abandoned by their medical team when they are facing severe and costly injuries at the hands of their surgeon.

What a Surgeon Should Do in Case of a Surgical Error?

When a surgeon makes mistakes during surgery or any other medical procedure and is aware of what they’ve done, they are legally obliged to disclose the error to you or a family member. It is unlawful for healthcare providers to conceal information that may impact your health and well-being.

A surgeon should take the following steps if they make a mistake during an operation:

Notify the patient about the error immediately
Explain the nature of the error to your or a family member
Assume responsibility for the mistake
Take immediate remedial measures and inform the patients about their alternatives

Get in Touch With an Experienced New Jersey Medical Malpractice Attorney to Discover Your Options

If your child sustains a birth injury, they may endure lifelong complications. Unfortunately, you may also have to cope with hefty medical bills, loss of companionship, and a reduced quality of life.

You deserve representation from a reputable attorney from Varcadipane & Pinnisi, P.C., a trusted law firm with over 40 years of combined experience.

Jeffrey W. Varcadipane

Jeffrey W. Varcadipane is a Certified Civil Trial Attorney by the Supreme Court of the State of New Jersey and a Founding Partner of the Firm. He handles a variety of matters including civil and commercial litigation, appellate practice, real estate, and business law.

University: J.D. Fordham Law School

Bar Number: 29472005

Locations: New Jersey, New York, and Florida.

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"My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

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"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

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"I had a great experience with Varcadipane & Pinnisi, PC law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recommend..."

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"Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care and attention to detail. Your legal needs are in great hands with Varcadipane & Pinnisi. "

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"We are extremely pleased with the exceptional legal services provided by Varcdipane & Pinnisi. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services to anyo..."

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"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

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"I cannot praise Varcadipane & Pinnisi, PC enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating wit..."

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"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

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"My name is John and my experience with Varcadipane & Pinnisi was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a client you..."

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"They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, PC. What started..."

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"I would highly recommend Varcadipane & Pinnisi for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We all n..."

Korean M. Client
"They are very good lawyers and they are very kind thanks for everything 😊😊 "

Gustavo R. Client
"It has truly been an incredible experience working with Ms. Sophia Soraya and the Varcadipane & Pinnisi Law Firm. They have been extremely professional, diligent, and committed. Despite any challenges that appeared along the road..."

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"We Hired Varcadipane & Pinnisi for a situation we had back In NJ last year with a moving company that did not do right by us, they were supposed to deliver our household goods from NJ to our new home in FL and instead took all of..."

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"Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

Chelsey M. Client
"Jeff and his team were so helpful in solving our legal issue. Everyone was thorough and communicated every step of the process to us. We really appreciate everything they did and would highly recommend!! "

Justin L. Client
"I was very satisfied with Varcadipane & Pinnisi. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would Whole heartily recommend to anyone..."

Vincent H. Client
"Everyone at this law office is very courteous and professional. I was being kept in the loop at every step in the process, and we reached a satisfactory outcome. "

Boris S. Client
"The law firm lead by Mr. Varcadipane provided service that was first rate. From our first conversation, till the final settlement, this firm provided me a level of comfort and expertise which was second to none. I would surely recomm..."

Bruce H. Client
"Dawn Pinnisi is a caring and responsible attorney who worked assiduously on my behalf. Highly recommend. "

Michele A. Client
"To be successful in a matter involving a business dispute requires an attorney who not only knows the law but who has spent significant time in the courtroom dealing with complex business litigation. Varcadipane & Pinnisi is that..."

Carlo R. Client
"Varcadipane & Pinnisi were successful in negotiating our claim. Professional and knowledgeable "

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"They were outstanding in every way and I couldn’t be more pleased! "

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"I would like to start off by telling everyone at the firm how thankful I am for all who were involved in my case. I was always treated professionally, like family, kind, and considerate and with a friendly smile. Moreover, my experie..."

Cheri C. Client
"Words can’t adequately express my gratitude to Dawn for taking on my medical malpractice case. At our first meeting Dawn had compassion for I went through and took the time to listen to everything I had to say. Throughout the e..."

Rick P. Client
"Dawn Pinnisi was recommended to me from another lawyer. From the moment I spoke with her, I left it all in her hands. I live 2 hours away and I never had to go to her office! She settled my lawsuit so fast and for more that I ever ex..."

Jennifer S. Client
"I would like to start off by telling everyone at the firm how thankful I am for all of you who were involved in my case. I was always treated professionally, with a friendly smile and greeting anytime I was at the office. Moreover, m..."

Kenneth K. Client
"I have known Jeff Varcadipane for over 7 years, during which time he has advised me on several real estate and civil claims issues. Most recently, he assisted with my complicated real estate transaction in NYC. He was very responsive..."

Andrew L. Client
"The best way to describe Dawn is if you are looking for a person that will go to bat for you, to fight for your cause, that puts in the energy, research, and effort that is required to get you the settlement that you deserve, then lo..."

Charles D. Client
"Great law firm! Dawn Pinnisi is a great lawyer, very easy to work with, and got me a more than fair settlement on my case. Highly recommend this law firm. "

Donna H. Client
"When forming my business, it was important that I started with the right structure. Jeff took the time to explain the pros and cons from a legal perspective and I was able to make a confident decision. Varcadipane & Pinnisi got m..."

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"I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

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"Dawn Pinnisi is a fantastic attorney with whom I have worked on numerous cases. Dawn is someone I am proud to call a friend. Over the years I have seen how personally invested she becomes in each of her cases, stopping at nothing to ..."

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"Dawn really helped me out in a time of need after my accident. I wasn’t sure if I had a case or not but after my consultation, she gave me hope. I felt like I could trust her and she always returned my phone calls after reachin..."

Anonymous Client
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Cases We Handle

What Do Surgeons Say When They Mess Up?

What Is Medical Malpractice?

Elements of Medical Malpractice

Surgical Malpractice

How Do Surgeons React to Mistakes?

What a Surgeon Should Do in Case of a Surgical Error?

Get in Touch With an Experienced New Jersey Medical Malpractice Attorney to Discover Your Options

Jeffrey W. Varcadipane

Let Us Fight For You

Categories

Request Your Free Consultation

"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

"Varcadipane & Pinnisi were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

"My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

"I had a great experience with Varcadipane & Pinnisi, PC law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recommend..."

"Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care and attention to detail. Your legal needs are in great hands with Varcadipane & Pinnisi. "

"Varcadipane & Pinnisi PC has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

"The entire team at VARCADIPANE & PINNISI were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCADIPANE..."

"We are extremely pleased with the exceptional legal services provided by Varcdipane & Pinnisi. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services to anyo..."

"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

"I cannot praise Varcadipane & Pinnisi, PC enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating wit..."

"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

"My name is John and my experience with Varcadipane & Pinnisi was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a client you..."

"They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, PC. What started..."

"I would highly recommend Varcadipane & Pinnisi for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We all n..."

"They are very good lawyers and they are very kind thanks for everything 😊😊 "

"It has truly been an incredible experience working with Ms. Sophia Soraya and the Varcadipane & Pinnisi Law Firm. They have been extremely professional, diligent, and committed. Despite any challenges that appeared along the road..."

"We Hired Varcadipane & Pinnisi for a situation we had back In NJ last year with a moving company that did not do right by us, they were supposed to deliver our household goods from NJ to our new home in FL and instead took all of..."

"Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

"Jeff and his team were so helpful in solving our legal issue. Everyone was thorough and communicated every step of the process to us. We really appreciate everything they did and would highly recommend!! "

"I was very satisfied with Varcadipane & Pinnisi. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would Whole heartily recommend to anyone..."

"Everyone at this law office is very courteous and professional. I was being kept in the loop at every step in the process, and we reached a satisfactory outcome. "

"The law firm lead by Mr. Varcadipane provided service that was first rate. From our first conversation, till the final settlement, this firm provided me a level of comfort and expertise which was second to none. I would surely recomm..."

"Dawn Pinnisi is a caring and responsible attorney who worked assiduously on my behalf. Highly recommend. "

"To be successful in a matter involving a business dispute requires an attorney who not only knows the law but who has spent significant time in the courtroom dealing with complex business litigation. Varcadipane & Pinnisi is that..."

"Varcadipane & Pinnisi were successful in negotiating our claim. Professional and knowledgeable "

"They were outstanding in every way and I couldn’t be more pleased! "

"I would like to start off by telling everyone at the firm how thankful I am for all who were involved in my case. I was always treated professionally, like family, kind, and considerate and with a friendly smile. Moreover, my experie..."

"Words can’t adequately express my gratitude to Dawn for taking on my medical malpractice case. At our first meeting Dawn had compassion for I went through and took the time to listen to everything I had to say. Throughout the e..."

"Dawn Pinnisi was recommended to me from another lawyer. From the moment I spoke with her, I left it all in her hands. I live 2 hours away and I never had to go to her office! She settled my lawsuit so fast and for more that I ever ex..."

"I would like to start off by telling everyone at the firm how thankful I am for all of you who were involved in my case. I was always treated professionally, with a friendly smile and greeting anytime I was at the office. Moreover, m..."

"I have known Jeff Varcadipane for over 7 years, during which time he has advised me on several real estate and civil claims issues. Most recently, he assisted with my complicated real estate transaction in NYC. He was very responsive..."

"The best way to describe Dawn is if you are looking for a person that will go to bat for you, to fight for your cause, that puts in the energy, research, and effort that is required to get you the settlement that you deserve, then lo..."

"Great law firm! Dawn Pinnisi is a great lawyer, very easy to work with, and got me a more than fair settlement on my case. Highly recommend this law firm. "

"When forming my business, it was important that I started with the right structure. Jeff took the time to explain the pros and cons from a legal perspective and I was able to make a confident decision. Varcadipane & Pinnisi got m..."

"The legal process is complicated and at times frustrating but Jeff has managed to translate this process so it is clear to me. He has been patient in walking me through this step by step. Jeff has been timely in providing me with upd..."

"Dawn is the best she won 2 cases for me for over $300,000. The first one was very difficult being that the company had no insurance, but Dawn handled it with such persistence and professionalism that we won. If you want a lawyer who ..."

"I highly endorse this lawyer. Dawn is smart and personable. She is known to be a great litigator and she is extremely knowledgeable about the law as well as being fiercely defensive of her clients. I have attended many court appearan..."

"I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

"Dawn Pinnisi is a fantastic attorney with whom I have worked on numerous cases. Dawn is someone I am proud to call a friend. Over the years I have seen how personally invested she becomes in each of her cases, stopping at nothing to ..."

"Dawn really helped me out in a time of need after my accident. I wasn’t sure if I had a case or not but after my consultation, she gave me hope. I felt like I could trust her and she always returned my phone calls after reachin..."

"I highly recommend Dawn Pinnisi for medical malpractice, car accident, and personal injury cases. Not only is she one of the most experienced attorneys in the field she’s an honest, trustworthy, and caring person in the litigat..."

"I had the pleasure of working with Ms. Pinnisi for 14 years. She is one of the most outstanding attorneys with whom I have dealt. Ms. Pinnisi meticulously prepares and researches cases and advocates zealously on behalf of her clients..."

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