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What Steps To Take After a Surgery Goes Wrong

Surgery carries inherent risks, but patients have the right to expect competent medical care and clear communication about potential complications. When something goes wrong during or after surgery, the consequences can be life changing. If you suspect medical malpractice following a surgery, understanding your next steps is crucial. 

At De Caro & Kaplen, LLP, our experienced New York medical malpractice attorneys are here to help you navigate these difficult times and hold negligent medical professionals accountable. 

What Are Signs to Recognize Medical Malpractice After Surgery? 

Surgical errors can result in immediate complications or manifest as serious health issues weeks, months, or even years later. Here are key signs that something may have gone wrong during your surgery: 

  • Fever or signs of infection 
  • Prolonged recovery beyond expected timelines 
  • Persistent pain or unusual symptoms at the surgical site 
  • Complications that arose during post-surgery monitoring 

If you or a loved one experiences these symptoms, it’s important to act quickly to protect your health and legal rights. 

What Are Some Common Surgical Errors Leading to Malpractice Claims? 

Surgical errors generally fall into two categories: “never” events and avoidable complications caused by negligence. 

What are “Never” Events in Surgery? 

These are mistakes that should never happen, including: 

  • Operating on the wrong patient or body part: Protocols should prevent errors in patient identification and surgery sites. 
  • Performing the wrong procedure: Surgeons must follow patient records and consent forms to avoid performing incorrect surgeries, such as inserting the wrong lens during cataract surgery. 
  • Leaving foreign objects in the body: Surgical sponges, tools, or other items left inside patients can cause infections, pain, and organ damage. 
  • Other critical errors: This includes operating while impaired, administering the wrong blood type, or using unsafe medical devices. 

What Are Avoidable Complications That Should Not Occur During Surgery? 

These errors occur due to negligence before, during, or after surgery, such as: 

  • Anesthesia errors (improper dosage or administration) 
  • Failure to anticipate or address complications, such as emergency C-sections 
  • Poor monitoring post-surgery, leading to untreated issues 
  • Oxygen deprivation during procedures, particularly during childbirth 
  • Improper use of surgical tools or incision techniques 

Why Do Surgical Errors Happen? 

Our attorneys often find that surgical malpractice comes from preventable issues, including: 

  • Communication breakdowns: Miscommunication between surgical team members can lead to critical errors. 
  • Lack of cleanliness: Unsterile environments increase the risk of infections. 
  • Fatigue and overwork: Overworked doctors, interns, and residents are prone to mistakes. 
  • Incompetence or inexperience: Surgeons and staff must have the necessary training and credentials to perform procedures safely. 
  • Defective equipment or devices: Hospitals and doctors should avoid using recalled or defective medical devices. 

What to Do If You Suspect Surgical Malpractice? 

If you believe a surgical error has harmed you or a loved one, follow these steps: 

Contact a New York Medical Malpractice Attorney 

Our legal team can evaluate your case and begin collecting critical evidence, including medical records and expert opinions. 

Track Your Health Closely 

Go to follow-up visits and keep detailed notes on your symptoms, pain levels, and recovery progress. 

Seek a Second Medical Opinion 

We can connect you with qualified doctors who can evaluate whether your injuries resulted from malpractice or unavoidable complications. 

Document Everything 

Record dates, treatments, prescriptions, and any communications with healthcare providers. These details are crucial for building a strong case. 

Filing a Medical Malpractice Claim in New York 

Under New York State law, you typically have two and a half years from the date of the injury to file a medical malpractice lawsuit. However, certain exceptions, such as discovering injuries later, may extend this deadline. 

Acting promptly ensures that evidence is preserved, and witness memories remain fresh. Our attorneys will guide you through the claims process, from obtaining medical records to consulting experts and filing legal documents. 

Contact De Caro & Kaplen, LLP Today 

If you or a loved one has suffered due to a surgical error, you deserve justice and compensation. Contact De Caro & Kaplen, LLP, New York’s trusted medical malpractice attorneys, to discuss your case. 

📞 Call us at 212-732-2262 or fill out our online contact form to schedule a free consultation. 

Don’t wait—protect your rights and get the legal help you need today. 

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Our Firm

shana de caro & michael v. kaplen
Partners Shana De Caro and Michael Kaplen each have spent over 40 years in the area of medical malpractice litigation.
Michael is board-certified* in the area of medical malpractice by the American Board of Professional Liability Attorneys and serves on their board of directors.
Michael has taught courses in medical malpractice as well as trial practice techniques at St. John’s University School of Law.
Shana and Michael have been invited to lecture at hospitals and to patient groups about medical malpractice issues. Both have served as members of the New York State Supreme Court medical malpractice review panels.

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