You would think it would be obvious. A surgeon should only be cutting something he can see. The alternative is that he cut something he cannot see them causes injury.

There are instances however were surgeons visual field during the course of surgery may be impaired. There may be excessive bleeding. There may be excessive adhesions or scar tissue. These things may prevent the doctor from having a clear visual field.

In that instance, the surgeon has an obligation not to cut something that he cannot see. If he is unable to see what is coming, it is possible he could be cutting and adjacent organ that is not part of his intended surgery. If he fails to recognize that he is cut something he should not have, the patient runs a significant risk of developing complications, infection and the possibility of needing additional corrective surgery.

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Gerry Oginski
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NY Medical Malpractice & Personal Injury Trial Lawyer