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Just because you had a surgical complication, does that mean your doctor committed medical malpractice?

When a new potential client calls to see if they have a valid medical malpractice case in New York, I will always ask them what injury they suffered as a result of whatever was done wrong.

The injured patient has no problem explaining their injury. 

  • "A hole was made in my bowel..."
  • "I need another surgery to correct the problem..."
  • "I was in the ICU for 3 weeks..."
  • "I had MRSA after the surgery..."

The list goes on and on.

Yet, when I ask these same people what do they believe was done wrong by the doctor, many have no idea.

That's understandable.

Some believe that simply because they walked into the hospital on their own two feet and now after surgery, they're unable to walk, that automatically means that something was done wrong by the surgeon.

The reality is totally different.

Just because a patient suffers a complication during surgery does not, by itself, mean there was wrongdoing. It might, but then again, it might not.

In order to determine if your injuries were a result of improper medical care, a board certified medical expert needs to determine first, if surgery was warranted. Did you really need this surgery?

If yes, our medical expert will then look to see how the surgery was performed?

Was it done in accordance with good and accepted surgical practice? Yes or no?

Were the injuries you suffered known recognized risks of this surgical procedure? Yes or no?

Is this injury one that NEVER should happen unless there was a violation from good medical practice?

The answers to these questions are critical to fully evaluate whether you have a valid case.

You should know that an unexpected injury or complication following surgery often leads a patient or a family member to call and ask about their matter.

Anger is also another common driver that causes patients to pick up the phone and call.

A patient may be angry with the way the surgeon talks to him after surgery. Maybe the surgeon never visits the patient after surgery and only sends his associate. Maybe the doctor is evasive in his answers. Maybe a hospital physician makes a comment that this complication should never have happened.

The fact is that just because you suffered a complication, does not automatically mean that a doctor violated the basic standard of care.

If true, what's the worst thing an injured patient can do after their surgery? 

The worst thing, if you have questions about whether your injuries were caused by a careless doctor, is to wait to get your questions answered. You think you have a never-ending supply of time, should you decide to bring a lawsuit against a careless surgeon.

That is simply not true.

The longer you wait, the greater the chance that your time to file a vaild lawsuit will be gone.

That's because there are very strict time limits for medical malpractice cases. If you wait too long and your time has lapsed, there is nothing I or any attorney here in New York will be able to do for you.

If you believe that a doctor was negligent and caused you harm, you need to learn the answers to your questions right away. Not later.

To learn more, I invite you to watch the quick video below...

If you have questions about complications during or after your surgery, I invite you to call. I answer questions like yours every day and would love to chat with you. You can reach me at 516-487-8207.