Surgical Mistakes Rising to the Level of Medical Malpractice

Often time’s patients come out of surgery feeling in a way that was not expected.  They are left wondering if such is normal, or if they should be concerned.   Even if they discuss their concerns with the surgeon, they may still be left unsatisfied. 

The experienced Hudson medical malpractice attorney knows that surgeons and other medical professionals are not required to tell their patient that mistakes were made during their surgery.  Even worse, there is nothing that prevents the surgeon from lying to the patient with the claim that everything is fine.

That being the case, many patients turn to medical malpractice attorneys to have their problem investigated.  Upon consultation and retainment, the attorney will investigate the facts that which surround the patient’s surgery by reviewing medical records and by enlisting the help of medical experts. 

The patient may expect financial recovery from the offending surgeon if the patient was injured by a negligent act committed by a medical professional.  Of course, the negligence must have occurred while the patient was treated by the offending doctor. 

Negligence in the medical setting is what attorneys call medical malpractice.  If a duty of care is owed to a person, and that duty is breached, the offending party will be liable for damages if the breach caused the other person injuries. 

In the course of the doctor patient relationship, surgeons owe a duty to the patient.  The surgeon must follow the standard of care prescribed by the profession in that community.  Any other deviation there from is negligence if another surgeon in the area would not have committed the offending act or omission. 

The ways in which a surgeon can commit malpractice during surgery are limitless.  With that said, there are common errors that have happed in the past and they continue to happen.  Here are some examples.

·         Wrong site surgery;

·         Surgery on the wrong patient;

·         Surgery in which the wrong limb is amputated;

·         Leaving a foreign object inside a patient’s body; sponges, pads, gloves, needles, etc;

·         Organ puncture;

·         Misdiagnosis or failure to diagnose;

·         Bowel perforations;

·         Severed, nicked, or cut veins;

·         Lack of informed consent;

·         Anesthesia errors;

·         Excessive bleeding;

·         Excessive scarring; and

·         Delayed surgery.

As a parting note, please realize that more than just the surgeon can be held liable for a mistake made during surgery.  Any medical professional that took part in the surgery and contributed to the negligent harms committed to the patient can be held accountable.  This includes, nurses, assistants, anesthesiologists, technicians, etc.  Moreover, the professionals that treated the patient prior to and after the surgery can be accountable as well if they too negligently injured the patient.

The attorneys at Greenberg and Greenberg handle medical malpractice cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

Wrong site Surgery: Hudson Medical Malpractice Attorney Discusses This Problem in Treatment

Surgery is an anxiety-provoking ordeal. Even with competent surgeons performing the procedure, things may go wrong due to unforeseen complications. One thing that may go wrong that is completely preventable is wrong site surgery. Wrong site surgery occurs when a surgeon operates on the wrong part of the body due to subpar preoperative planning, miscommunication between the medical team and surgeon, a failure to communicate with the patient, and the surgeon’s failure to exercise due care in the operating room.  Instances of wrong site surgery are usually Hudson medical malpractice and can result in liability of the health care team.

According to the Joint Commission Center for Transforming Health, there are 29 noted negligent actions that lead to wrong site surgery. Some of these negligent actions include: booking documents not verified by office schedulers; schedulers accepting verbal, rather than written, surgical requests; illegible handwriting; missing consent or surgical orders at time of booking; primary documents missing; someone other than the surgeon marking the site; paperwork problems discovered in pre-op; surgeon does not mark site in pre-op; site mark made with unapproved marker; or using stickers instead of markers used for site marking.

In the United States, most states are not required to report an incident of wrong site surgery. Estimates that also include wrong procedure, wrong patient and wrong side surgeries reveal wrong site surgery may occur as often as 40 times a week. That is a significant amount of times!  Despite efforts to reduce the number of wrong site surgeries, they are still occurring.

It has been suggested by the American Academy of Orthapaedic Surgeons (AAOS) that if hospitals work with their surgeons and staff, they can significantly reduce the incidence of wrong site surgeries from occurring. This action, however, must be a unified effort between all parties involved. Some ways in which surgeons are attempting to successfully prevent wrong site surgery from occurring include:  having the patient sign initials in marker on the part of the body where the operation is to occur; using a method of verifying that the correct patient is in the operating room; having a time out once in the operating room so that the surgical team can speak with one another about the patient and procedure they are about to perform. It is imperative that any incorrect information or discrepancies in information be noted before the patient’s surgery is initiated. 

The Joint Commission Center for Transforming Healthcare has initiated a project to help reduce the incidence of wrong site surgery. The Commission has come up with the Targeted Solutions Tool (TSL). The TSL helps to better prevent the occurrence of wrong site surgery by getting the organization involved to examine it’s surgical process when it schedules surgery to when the surgery is completed; forces the organization to look at the entire surgical care system it has in place, rather than just the operating room and the surgeons in it; provides tools to collect data in surgical bookings, pre-op or pre-op holding, as well as the operating room; helps the organization to target any weaknesses the organization may have; and, finally, improves standardization throughout the entire hospital.

The attorneys at Greenberg and Greenberg handle medical malpractice case throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.