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A New York Attorney Fighting to Protect Victims From Dangerous Surgical Mistakes

When facing health problems, all patients place a certain amount of faith and trust in their medical providers. Sick and injured people rely on their doctors and nurses to provide the best, most effective care possible and to be honest and straightforward about the realities and challenges of that care. In many cases where patients require surgery, they are literally placing their lives in the hands of a surgeon and operating room team. It is true that surgical complications are sometimes a reality for even the most talented and conscientious operator. Patients and their families understand that all procedure come with certain risks, but there are A Surgical Team Standing Together by Surgical Toolscases in which avoidable complications arise because of the recklessness or negligence of the medical team. In these cases, the patients and their families are left to suffer the consequences, which can be serious and lifelong. They can even be deadly.

When a surgeon or operating room team member fails to provide appropriate and honest care, families don’t have to suffer in silence. New York lawyer Gerry Oginski has been representing those hurt by surgical mistakes to help them seek justice and obtain compensation.

If you or someone you love has suffered injuries or illness because of a surgical mistake, Gerry and the team at Oginski Law may be able to help. Call our New York office today at 516.487.8207 to discuss the details of your case and learn more about your rights.

What Are Surgical Mistakes?

Before a surgery, a physician will discuss the risks of the procedure with the patient. Surgeries do carry with them the chances of certain complications based on the nature of the operation. Many times these problems occur even in the best hands. However, in other cases, surgeons make a mistake that directly causes a patient to suffer in some way. These mistakes can include:

  • Leaving a tool in the body cavity
  • Operating on the wrong body part
  • Operating on the wrong patient
  • Making an incorrect incision
  • Injuring a nerve or other organ during the operation
  • Incorrectly administering medication (anesthesia error)

These mistakes and others can lead to bleeding, infection, pain, and even death. In some cases, the patient will require further hospitalization and more surgeries.

How Do Surgical Mistakes Happen in New York?

There are many reasons that surgical mistakes happen. In some cases, they are simply that – honest mistakes. In other cases, the surgeon or another member of the operating team does not demonstrate reasonable care in the operating room. Surgical errors and mistakes occur most commonly for reasons including:

  • Inexperience. Perhaps the surgeon does not have adequate experience performing the type of procedure the patient requires. When healthcare providers fail to secure the experience or guidance they need to safely operate, dangerous mistakes can happen.
  • Poor preoperative planning. The surgeon and operating room team should anticipate common problems and complications, be aware of the patient’s medical history, and have a clear plan in mind. While things may not always go perfectly, a certain degree of preparation is necessary for a safe procedure.
  • Failure to recognize a mistake. In some cases, the medical team fails to recognize that a mistake was made during the operation and take no steps to correct that problem. When a surgeon knows and recognizes the issue, help can be called and the problem can be repaired safely. This happens most often in cases of laparoscopic surgery.
  • Drug or alcohol use. Obviously, when a surgeon or member of the operating room team is under the influence, the patient is at risk.
  • Fatigue. Healthcare providers often work long hours and see many patients. When they are too tired to focus and offer proper care, dangerous mistakes can be made.
  • Neglect. Medical professionals are obligated to act with “reasonable care.” When they fail to act as necessary or act when they should not, it can be damaging to the patient.

Additionally, there have been cases where doctors have failed to discuss the risks of the procedure with the patient completely. Patients are never given the opportunity to consider the risks and possibilities of the surgery to decide if it is the right course of action for them. This is known as lack of informed consent.

Even if you aren’t sure how you or your loved one’s surgical mistake occurred, you do have rights under New York Law. Gerry Oginski can help you examine your case and determine how best to move forward. Take a moment to fill out our online contact form for a prompt and personal response about your claim.

How Do I Know If My Surgical Complication Was Avoidable?

In some cases, the negligence is clear. When a tool or towel is left in the body, the carelessness is unmistakable. In other cases, it may not be as clear cut. Considering both the medical and legal factors at play can quickly grow complex and confusing. An experienced attorney can help victims examine their case to determine what exactly occurred. A lawyer can help obtain medical records, interview witnesses, secure expert advice, and more. Gerry Oginski has been helping New York surgical mistake victims understand their rights and obtain compensation for over 20 years. His experience can help you and your family decide how to best move forward after a botched operation. 

What Kinds of Compensation Are Available After a Surgical Error?

Under New York law, surgical mistake victims are able to hold their healthcare providers accountable and obtain compensation. Victims and their families may be able to secure a settlement for:

  • Medical bills
  • Lost wages
  • Future lost wages
  • Pain and suffering
  • Punitive damages (in certain cases)

Each case is unique, and the courts will evaluate the specific situation to determine what compensation is appropriate.

Call Our New York Surgical Mistake Lawyer Today

Unfortunately, Gerry Oginski has seen many cases of surgical mistakes and negligence over the course of his long career. When you or a loved one experiences the pain, frustration, and fear that accompanies surgical mistakes, you don’t have to go it alone. Gerry and his team can help you understand your rights, build a solid case, and vigorously defend your interests. While you and your family focus on health and recovery, Oginski Law will work hard to provide the tools and compensation you need to move forward with your life. In the devastating times when a surgical error has led to the death of a loved one, families should be able to focus on coping with their loss, while an experienced lawyer helps guide them through the legal process.

If you suspect that you or someone you love has been the victim of a surgical mistake, don’t wait to find the legal help you need. Call the Oginski Law at 516.487.8207 to get started protecting your family today.


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