Surgical Error Lawsuit in NJ

Surgical Error Lawsuit in NJ

When undergoing surgery, either planned or emergency, you expect compliance with required medical standards of care by the medical facility and the medical team (surgeons, anesthesiologists, nurses, post surgical teams, etc.). 

Unfortunately, even in the best facilities with adequately trained and prepared personnel, preventable errors occur. 

Surgical Error Cases

There is an element of risk in every surgery. That is why you are typically given a form to sign before having a surgical procedure. By signing this form, you are indicating that you understand the known risks that accompany the procedure. 

Surgical errors, however, go beyond the known risks. They are unexpected and preventable. If an error results in injury or death, it may be addressed with a medical malpractice lawsuit for compensation.

Surgery Error Lawsuit in New Jersey

An error alone is not the basis for a surgery error lawsuit. Your surgery must follow an acceptable standard of medical care, and the error has to fall into the category of sub-standard care and have resulted in harm to you.

Medical Standard of Care

When considering a surgery error lawsuit, the standard of care is commonly defined as the type and extent of care that a competent/skilled health care professional — in the same medical community with similar training and experience — would have provided under the same circumstances.

Common Examples of Surgical Errors

Medical procedures are complicated, so there are a number of opportunities for errors, some of the most common include:

  • Operating on the wrong patient
  • Operating on the wrong body part
  • Making an incision at the wrong location
  • Administering too little or too much medication — such as an anesthesia miscalculation
  • Leaving a piece of surgical equipment — such as an instrument or sponge — in a patient
  • Puncturing a healthy organ during surgery
  • Injuring a nerve during surgery

Common Reasons for Surgical Errors

Just as no two surgeries are exactly alike, every surgical error, and the underlying cause behind it, is potentially unique. Some common reasons for surgical errors include:

  • Neglect – A surgeon not being as careful as they should be could result in the use of an improperly sterilized tool, the use of defective surgical equipment, or other poor decisions.
  • Incompetence – A surgeon may be performing a procedure that is new to them or beyond their skill level.
  • Lack of Planning – A surgeon may not have reviewed and prepared for likely complications and nurses and assistants may not have readied all the equipment the surgeon may need.
  • Flawed Work Process – A surgeon may mistakenly decide that certain steps in the surgery are not applicable. 
  • Communication Errors – Poor communication can result in a number of problems — such as the wrong site being marked for surgery or that the proper equipment is not available during surgery.
  • Fatigue – Surgeons and other medical personnel are known for working long, stress-filled hours. When compared to well-rested people, tired people are more likely to make mistakes.
  • Alcohol and Drugs – Surgeons and other medical personnel can turn to alcohol and drugs in an effort to cope with stress. 

Talk to an Experienced Surgical Error Attorney in NJ 

If you have been harmed by a preoperative, intraoperative, or postoperative surgical error, you might not be sure if that error amounts to medical malpractice. The team of attorneys at Dansky | Katz | Ringold has the deep, hands-on experience you need to properly answer your questions.

Surgery error compensation lawsuits in NJ can be extraordinarily complex both legally and procedurally. Your chances of success increase exponentially if you hire an experienced legal team that has the ability to pursue all aspects of your surgery error claim. At Dansky | Katz | Ringold, we will become your advocate, fighting for your rights and maximizing your compensation.

Let’s discuss your surgical error claim. Call our toll free number: 800-609-7577 to set up a free consultation.

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