Wrong site surgery occurs when surgical staff operates on the wrong part
of a patient’s body. The right side instead of the left side, a
healthy artery instead of the infected one, and so on. It seems hard to
believe, but these errors do in fact occur.
Experienced Newburgh medical malpractice attorneys are familiar with these mistakes. Experience shows that when the wrong
site is operated on, a systemic failure has occurred. Meaning that a procedural
break down has occurred at the hospital where the surgery took place.
Therefore, many individuals may be liable for the harm caused by the
wrong site surgery. The hospital itself may be liable, the surgeons that operated on the
patient will be accountable, and so too may the nurses, assistants, and
supporting medical professionals involved with the patient’s care.
negligence in wrong site surgery cases is generally easier as compared to other cases because the error
is so obvious. This by no means that such a case is easy to win. You should
know that proving negligence is only part of a medical malpractice claim.
Injured patients also have to prove causation, injury, and damages. For
now, place the latter aside and become familiar with the phrase, “res
Translated literally, it means the thing speaks for itself. Under a theory of
negligence, it means the accident that happened can only occur out of a negligent
act. So, when the wrong leg is amputated, it is obvious that a mistake
occurred that should not have occurred and would not have occurred had
the offending doctor not been negligent.
The injured patient can commence litigation naming the appropriate parties
as defendants. Duty, breach, causation, and damages are the main elements
to prove in medical malpractice cases. Once the doctor’s duty is
proven, and that a breach has occurred is proven, the doctor is said to
be negligent. Whether or not the doctor will be liable for the negligence
will depend on the plaintiff’s ability to prove that the breach
caused his or her injury and that such an injury led the victim to suffer damages.
Remember, injured patients can sue the medical staff who caused the harm.
But as stated above, the hospital itself can be added as a defendant.
If the negligent medical professional was an employee of the hospital
when the negligence occurred, the hospital too can be sued for the negligence.
This is because an employee’s negligent act can be imputed to his
or her employer. If not employed by the hospital, the hospital can still
be liable for the
doctor’s negligence if the facility exercised control over the doctor’s work.
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.
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.