NYC Surgical Malpractice Lawyer

At Kelner & Kelner, we understand that undergoing surgery is already a stressful experience. When surgical errors occur due to negligence or substandard care, the physical, emotional, and financial consequences can be devastating. As dedicated advocates for patients' rights, our surgical malpractice lawyers have spent decades helping New Yorkers navigate the complex legal landscape following surgical errors. Contact us today for a free, confidential consultation and take the first step toward rebuilding your life after medical negligence.

What is Surgical Malpractice in NYC?

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Injured in NYC? Contact Kelner and Kelner today at (212)-425-0700 or through our website.

Surgical malpractice occurs when a surgeon, anesthesiologist, nurse, or other healthcare professional fails to provide the standard of care that a reasonably competent medical professional would provide under similar circumstances, resulting in harm to the patient.

How a Surgical Malpractice Lawyer Can Maximize Your Compensation

When surgical errors occur due to negligence, patients often face devastating physical, emotional, and financial consequences. At Kelner & Kelner, our surgical malpractice lawyers employ proven strategies to ensure victims receive the full compensation they deserve.

• Thorough Investigation: Our surgical malpractice lawyers conduct comprehensive reviews of medical records, surgical notes, and hospital protocols to identify all instances of negligence that contributed to your injuries.
• Expert Witness Collaboration: Our surgical malpractice lawyers work with highly qualified medical professionals who can effectively testify about the standard of care violations that occurred during your procedure and the resulting harm.
• Full Damage Assessment: Our surgical malpractice lawyers calculate the complete scope of your damages, including current and future medical expenses, rehabilitation costs, lost income, diminished earning capacity, and pain and suffering.
• Compelling Case Presentation: Our surgical malpractice lawyers develop clear, convincing narratives that demonstrate how the surgical error occurred, who bears responsibility, and the profound impact on your life and wellbeing.
• Strategic Negotiation Tactics: Our surgical malpractice lawyers utilize sophisticated negotiation strategies when dealing with insurance companies and hospital legal teams to counter lowball settlement offers.
• Litigation Readiness: Our surgical malpractice lawyers prepare every case as if it will go to trial, sending a powerful message to defendants that our surgical malpractice lawyers are prepared to fight for maximum compensation in court if necessary.
• Timely Filing: Understanding New York's statute of limitations for medical malpractice claims, our team ensures all documentation is filed promptly to preserve your right to compensation.
• Causation Establishment: We methodically build evidence chains linking the surgical error directly to your injuries, countering defense arguments that complications were unavoidable or unrelated.
• Multiple Liability Sources: Our surgical malpractice lawyers identify all potentially responsible parties, including surgeons, anesthesiologists, nurses, hospitals, and medical device manufacturers to maximize recovery options.
• Detailed Documentation: Our surgical malpractice lawyers meticulously document all aspects of your injuries and recovery process, creating comprehensive evidence of the physical, emotional, and financial toll of the surgical malpractice.
• Settlement Evaluation: Our surgical malpractice lawyers provide honest, informed assessments of settlement offers based on decades of experience with similar cases in New York courts.
• Trial Experience: When necessary, our medical malpractice lawyers will draw on our extensive courtroom experience to effectively present complex medical evidence to jurors in clear, persuasive terms.
• Contingency Fee Representation: Our surgical malpractice lawyers work on a no-recovery, no-fee basis, aligning our interests with yours and ensuring we pursue maximum compensation in every case.
• Client Advocacy: Our surgical malpractice lawyers serve as your dedicated advocate throughout the entire process, handling all communications with insurance companies and opposing counsel so you can focus on recovery.
• Medical Malpractice Lawyer Network: As established medical malpractice lawyers in NYC, we leverage our professional relationships with medical consultants, life care planners, and economic experts to strengthen your claim.

Financial Compensation You May Be Entitled To After Surgical Malpractice

At Kelner & Kelner, our surgical malpractice lawyers work diligently to ensure victims of surgical negligence receive full and fair compensation for all their losses. When a surgeon or medical professional fails to meet the standard of care, you may be entitled to several types of financial recovery.

• Medical Expenses: Compensation for all additional surgeries, hospital stays, medications, rehabilitation services, assistive devices, and ongoing treatments required as a result of the surgical error.
• Lost Wages: Recovery for income lost during your recovery period, including salary, bonuses, commissions, and other employment benefits you would have earned if not for the surgical malpractice.
• Diminished Earning Capacity: Financial compensation for your reduced ability to earn income in the future if the surgical error caused permanent limitations or disabilities affecting your career prospects.
• Pain and Suffering: Monetary damages for the physical pain, discomfort, and suffering experienced as a direct result of the surgical malpractice, both past and anticipated future pain.
• Emotional Distress: Compensation for psychological impacts such as anxiety, depression, sleep disturbances, post-traumatic stress, and other mental health consequences stemming from the surgical error.
• Loss of Enjoyment of Life: Financial recovery for your diminished ability to participate in hobbies, recreational activities, and other pleasurable aspects of life that you enjoyed before the surgical malpractice.
• Loss of Consortium: Damages awarded to your spouse for the loss of companionship, affection, support, and intimate relations resulting from your injuries due to surgical negligence.
• Disfigurement and Scarring: Compensation for permanent physical alterations to your appearance and associated psychological impacts caused by the surgical error.
• Home Modification Expenses: Financial recovery for costs incurred adapting your residence to accommodate new physical limitations resulting from the surgical malpractice.
• Transportation Costs: Reimbursement for expenses related to traveling to medical appointments, including specialized transportation if required due to your condition.
• Household Services: Compensation for hiring assistance with household tasks you can no longer perform independently because of injuries sustained through surgical negligence.
• Rehabilitation Technology: Recovery for costs associated with specialized equipment, adaptive technology, or prosthetics needed as a result of the surgical error.
• Nursing Care: Financial compensation for professional in-home nursing care or assistance with daily living activities necessitated by your surgical injuries.
• Punitive Damages: In cases involving particularly egregious surgical negligence, additional compensation may be awarded to punish the responsible parties and deter similar conduct.
• Wrongful Death Damages: If a loved one died due to surgical malpractice, surviving family members may recover funeral expenses, lost financial support, lost inheritance, and compensation for lost companionship.

Common Types of Surgical Malpractice

Recognizing the signs of surgical negligence is the first step toward seeking the justice and compensation you deserve.

• Wrong-Site Surgery: Operating on the incorrect body part, performing the wrong procedure, or even operating on the wrong patient entirely, often resulting from communication failures or inadequate pre-surgical verification protocols.
• Retained Surgical Objects: Leaving surgical instruments, sponges, gauze, or other foreign objects inside the patient's body, frequently causing severe infections, pain, and necessitating additional surgical procedures for removal.
• Anesthesia Errors: Administering too much or too little anesthesia, failing to monitor vital signs properly, or disregarding a patient's medical history, potentially leading to oxygen deprivation, brain damage, or death.
• Nerve Damage: Accidentally cutting, stretching, or compressing nerves during surgery, causing numbness, chronic pain, mobility issues, or permanent loss of function in affected areas.
• Surgical Site Infections: Failing to maintain proper sterilization techniques or provide appropriate post-operative care, resulting in serious infections that may require additional treatments, surgeries, or even lead to sepsis.
• Organ Perforation: Accidentally puncturing or damaging nearby organs, blood vessels, or tissues during surgery, often causing internal bleeding, infection, or organ failure that requires emergency intervention.
• Post-Operative Negligence: Failing to properly monitor a patient's condition after surgery or promptly respond to complications, allowing potentially manageable issues to develop into life-threatening situations.
• Unnecessary Surgery: Performing procedures that were not medically indicated or appropriate for the patient's condition, exposing them to unnecessary risks and complications without potential benefit.
• Inadequate Surgical Planning: Failing to conduct proper pre-operative assessments, review the patient's medical history, or prepare for potential complications, increasing the risk of preventable errors during surgery.
• Communication Failures: Miscommunicating critical information between healthcare providers about patient allergies, medication needs, or specific surgical plans, leading to preventable errors and patient harm.
• Premature Discharge: Releasing patients too soon after surgical procedures without proper assessment or follow-up care instructions, increasing the risk of complications and readmissions.
• Medication Errors: Administering incorrect medications or dosages during the perioperative period, potentially causing adverse reactions, drug interactions, or failure to prevent surgical complications.
• Improper Positioning: Failing to properly position patients during lengthy procedures, resulting in nerve damage, pressure ulcers, or other injuries unrelated to the actual surgical site.
• Consent Violations: Performing procedures beyond the scope of what was explained to and authorized by the patient, or failing to adequately inform patients of material risks and alternatives.
• Documentation Errors: Failing to properly document critical information in surgical records, making it difficult for subsequent medical providers to provide appropriate care and potentially endangering the patient.

Why Choose Kelner & Kelner for Your Surgical Malpractice Case

For decades, Kelner & Kelner has been at the forefront of advocating for victims of medical negligence in New York City. Our surgical malpractice lawyers have secured significant verdicts and settlements for clients who suffered harm due to preventable surgical errors.

Our firm's approach is distinguished by:

• Focused Legal Practice: Medical malpractice law, including surgical error cases, is a core practice area for our firm. Our attorneys have an in-depth understanding of both the medical and legal aspects of these complex cases.
• Record of Success: Our surgical malpractice lawyers have obtained numerous multi-million dollar verdicts and settlements for our clients, allowing them to cover medical expenses, lost wages, and secure their financial future.
• Client-Centered Representation: Our surgical malpractice lawyers limit our caseload to ensure that each client receives the attention and resources their case deserves. From your initial consultation through the resolution of your case, you'll work directly with attorneys who are deeply familiar with your situation.
• No-Risk Representation: Our surgical malpractice lawyers handle surgical malpractice cases on a contingency fee basis, meaning you pay no legal fees unless we secure compensation for you.

The Surgical Malpractice Claim Process in New York

If you believe you've been harmed by a surgical error, it's important to understand the legal process for seeking compensation. In New York, surgical malpractice claims typically involve:

• Statute of Limitations: In most cases, you have 2.5 years from the date of the surgical error to file a lawsuit. However, there are exceptions that may extend or shorten this timeframe, making it crucial to consult with a surgical malpractice lawyer as soon as possible.
• Certificate of Merit: New York law requires that your attorney consult with a medical professional and file a certificate of merit stating that there is a reasonable basis for your claim.
• Discovery Process: Both sides exchange information through medical records, depositions, and expert witness testimony.
• Settlement Negotiations: Many surgical malpractice cases settle before trial. Our attorneys negotiate aggressively to secure fair compensation.
• Trial: If a fair settlement cannot be reached, our surgical malpractice lawyers will present your case to a jury.

As a medical malpractice lawyer team with decades of collective experience, we guide our clients through each step of this process, keeping them informed and involved in all decisions about their case.

Don't Face Surgical Malpractice Alone

If you've suffered from a surgical error, time is critical.

Free Consultation - Act Now

Injured in NYC? Contact Kelner and Kelner today at (212)-425-0700 or through our website.

NYC Surgical Malpractice Lawyer FAQs

What is the statute of limitations for filing a surgical malpractice claim in New York?

In New York, you generally have 2.5 years (30 months) from the date of the surgical error to file a medical malpractice lawsuit. However, exceptions exist, such as the "discovery rule" for foreign objects left inside the body, which allows you 1 year from discovery. Cases involving children have extended deadlines, and municipal hospitals require a Notice of Claim within 90 days. Our surgical malpractice lawyers can determine the exact deadlines that apply to your specific situation.

How do I know if I have a valid surgical malpractice case?

A valid surgical malpractice case requires proof that the surgeon or medical provider breached the standard of care, and that this breach directly caused your injuries. Common indicators include unexpected complications, admission of errors by medical staff, need for corrective surgeries, or significant deviation from expected outcomes. Our surgical malpractice lawyers can review your medical records and consult with medical professionals to determine if malpractice occurred.

What makes surgical malpractice cases different from other medical malpractice claims?

Surgical malpractice cases often involve more complex evidence, including detailed operative reports, anesthesia records, and documentation from multiple healthcare providers. These cases frequently require testimony from surgical specialists and may involve higher damage amounts due to the intensive nature of surgical interventions. Our medical malpractice lawyers understand these distinctions and tailor our approach to the specific challenges of surgical error cases.

Will I need to testify if my surgical malpractice case goes to trial?

Most likely, yes. As the injured party, your testimony about the impact of the surgical error on your life is valuable evidence. However, our surgical malpractice lawyers thoroughly prepare you for this process, explaining what questions to expect and helping you provide clear, factual responses. Many clients find that testifying is less intimidating than they anticipated with proper preparation.

How long does a surgical malpractice lawsuit typically take in New York?

Surgical malpractice lawsuits in New York typically take between 18 months to 3 years to resolve, depending on case complexity, court schedules, and whether settlement is reached. Some complex cases may take longer, particularly if they involve multiple defendants or extensive medical evidence. Our surgical malpractice lawyers work efficiently to move your case forward while never sacrificing thoroughness for speed.

Do all surgical malpractice cases go to trial?

No, the majority of surgical malpractice cases settle before trial. After thorough case preparation and expert review, our surgical malpractice lawyers often negotiate settlements that provide fair compensation without the time and stress of a trial. However, we always prepare as if trial will occur, which strengthens our negotiating position and ensures readiness if court proceedings become necessary.

What if my surgery was performed at a teaching hospital with residents or students?

Teaching hospitals have additional complexities regarding liability. The attending surgeon maintains responsibility for proper supervision, but the hospital, residents, or fellows may share liability depending on their roles in the error. Our surgical malpractice lawyers investigate the supervision structure and identify all potentially responsible parties to maximize your recovery options.

Can I still have a case if I signed a consent form acknowledging surgical risks?

Yes. Consent forms do not protect healthcare providers from liability for negligence. While you may have acknowledged certain inherent risks of the procedure, this does not excuse substandard care or preventable errors. Our surgical malpractice lawyers can differentiate between acknowledged surgical risks and actual negligence in your case.

How are surgical malpractice lawyers paid?

Our surgical malpractice lawyers work on a contingency fee basis, meaning we only receive payment if we secure compensation for you. The fee is a percentage of the recovery amount as specified in our representation agreement. This arrangement allows access to high-quality legal representation without upfront costs during a financially stressful time.

What if my loved one died due to surgical negligence?

When surgical errors result in death, certain family members can file a wrongful death lawsuit. In New York, the personal representative of the deceased's estate must file the claim, but damages may benefit surviving spouses, children, or parents. Our surgical malpractice lawyers can guide you through this process while you focus on grieving, helping to secure compensation for funeral expenses, lost financial support, and more.

Will my surgeon lose their license if I file a malpractice claim?

Filing a malpractice lawsuit does not automatically trigger license revocation. Licensing actions are separate from civil litigation and are handled by the New York State Department of Health's Office of Professional Medical Conduct. Severe or repeated instances of negligence may prompt licensing board investigations, but our surgical malpractice lawyers focus on securing your compensation rather than professional discipline.

Can I change medical malpractice lawyers if I'm unhappy with my current representation?

Yes, you have the right to change legal representation at any point in your case. If you're dissatisfied with your current medical malpractice lawyer, our surgical malpractice lawyers can review your case and discuss a potential transition. Attorney fee arrangements typically ensure you don't pay double fees when switching representation.