Procedural break downs happen at hospitals and they sometimes cause patients
to receive the wrong surgery. When this happens, the mistake is an act
of negligence for which the patient can seek civil recovery if such caused a loss.
Experienced Poughkeepsie medical malpractice attorneys know that even if the surgery is performed perfectly, the hospital and
surgeons are still negligent. Hospitals and doctors owe a duty to patients
dictating that the proper procedures are performed on the right patients
and in all manners consistent with the protocols propounded by the medical
Very simple errors can lead to these tremendous errors and
medical malpractice. Simply taking a patient to the wrong surgical room can lead to this type
of error. Paperwork errors can cause wrong patient surgery as well. Overall,
there is a problem in the pre operative planning that contributed to the
negligence. Sometimes, surgical staff is rushed by inordinate scheduling.
No matter what the cause may be, the patient has suffered a tremendous
injury. First, the patient has been given a surgery that which was not
consented to. They will suffer the pain and recovery issues attributed
to the unnecessary surgery. Their original condition would not have been
rectified. So they will continue to suffer from the original illness and
will have to undergo another surgery. Such could worsen their chances
for recovery and cause prolonged pain and suffering related to that ailment.
There is a lot here from which the injured patient can make a claim for damages
due to the health care provider’s surgical error. If the patient has suffered a loss because his or her original diagnosis
has gone uncured, then he or she will make a claim for that. Lack of consent
is another claim. If a complication has occurred as a result of the wrong
surgery, that can be claimed.
For example, if the patient develops an infection after the wrong surgery,
it could be said that such an infection would not have occurred if the
proper surgery was conducted. Additional medical expenses that the patient
paid for are compensable as well. If the patient lost wages because of
the wrong surgery, he or she can ask a jury for wage compensation. Permanent
physical injuries that relate to the wrong patient surgery are valid damages as well.
Experienced Poughkeepsie medical malpractice attorneys will know what damages to which you are entitled.
This can be complex to determine because so many things could have gone
wrong. The wrong surgery itself could carry specific damages. A second
surgery could have been needed to correct harm caused by the wrong surgery.
Then the patient still has to undergo the originally scheduled surgery.
All of this will have caused emotional harm, physical harm, and economic harm.
There more about the common and dangerous surgical errors and mistakes
which occur in medical malpractice cases from the latest article posted
on our law firm’s website available by clicking on the link here. Find out your rights and the liability where a health care provider performs
surgery on the wrong site in
our blog post available by clicking here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.