New Jersey Surgical Error Lawyer

What Constitutes a Surgical Error in New Jersey?

A surgical error is defined as a preventable mistake made during any stage of a surgical procedure, including preparation, operation, or post-operative care. Such mistakes go beyond the known and acceptable risks inherent to surgical procedures and occur as a result of negligence, lack of proper planning, or insufficient skill. While not every unfavorable surgical outcome qualifies as an error, patient harm caused by deviation from the recognized standard of care often constitutes grounds for legal action, such as a wrongful surgery lawsuit.

Common Examples of Serious Surgical Errors

Whether your surgical error seemed minor or severe, you should take immediate action if you have suffered any type of damages or additional injuries.

At Levinson Axelrod, P.A., we represent clients who have been injured by surgical errors including but not limited to:

• Anesthesia errors
• Tissue or ligament damage
• Forgotten surgical instruments left in the body
• Infection caused by negligence
• Incorrect use of surgical instruments
• Failure to consider a patient’s medical history
• Failure to recognize symptoms during operation
• Misreading lab or test results prior to surgery
• Any type of preventable damage to other body parts
• Any other error in the operating room

When you go into surgery, you are trusting that a physician or medical professional is prepared and will conduct the procedure properly and with great care. When they fail to take the appropriate actions and make a surgical error, you deserve to be compensated for your damages.

Symptoms and Signs of a Surgical Error

It is not always immediately evident that a surgical error has occurred. Many signs and symptoms may develop over time, making it critical to monitor your recovery closely. Some red flags that could indicate surgical malpractice include:

• Unexpected Pain: While some discomfort is normal during recovery, severe or unexplained pain that worsens over time could be a sign of internal injuries, nerve damage, or another surgical error.
• Signs of Infection: Redness, warmth, swelling, fever, pus or discharge at the incision site, or other signs of infection can result from negligence, such as using improperly sterilized instruments. Surgical infections can escalate into life-threatening conditions like sepsis.
• Prolonged or Stalled Recovery: If your recovery is taking significantly longer than anticipated or the affected area remains non-functional, this could indicate a surgical oversight. For instance, a foreign object left behind may hinder proper healing.
• Unexplained Internal Symptoms: Feeling consistent nausea, vomiting, bloating, or changes in bowel or urinary function could suggest that an organ was accidentally perforated or mismanaged during surgery.
• Visible Abnormalities Around the Surgical Site: Unusual growths, bulges, or changes in appearance at the incision point could indicate improper tissue handling, misplaced sutures, or other surgeon errors.
• Chronic Nerve Pain or Sensory Impairment: Patients experiencing loss of sensation, function, or constant pain around the surgery site may have suffered preventable nerve damage.

If you’ve noticed any of these symptoms, it may be worth exploring whether your experience meets the criteria for a wrongful surgery lawsuit. Determining whether you can sue for a botched surgery requires a detailed discussion with experienced legal professionals.

Why Surgical Oversight Happens

Understanding the potential causes behind surgical errors can help identify negligence and hold responsible parties accountable. Common causes include:

• Miscommunication Among Team Members: Poor coordination in the operating room can lead to catastrophic mistakes, such as administering incorrect dosages of medication or failing to verify surgical plans.
• Fatigue or Burnout: Overworked surgeons and staff may experience lapses in judgment or concentration, increasing the likelihood of preventable errors.
• Lack of Adequate Preparation: Surgeons need to thoroughly review patient medical histories and ensure the necessary equipment is present and properly sterilized. Oversights in planning can lead to tragic outcomes.
• Systemic Issues at the Hospital or Clinic: Problems like insufficient staff training, failure to enforce safety protocols, or time pressure in high-demand environments contribute significantly to surgical errors in the operating room.

Who Is Liable for NJ Surgical Errors?

Although the surgeon is the one who caused you injury, often the hospital at which they work will be considered liable. This is because the surgeon was acting on the hospital’s behalf, and therefore, the hospital had a duty of care to you (its patient) to provide you with reliable and attentive medical care. If a surgeon was inadequately trained or simply negligent, the hospital should have known and acted to protect its patients, including you. The same applies to clinics and other health care centers that employ surgeons.

Pursuing a Surgical Error Lawsuit in New Jersey

To bring forth a valid civil lawsuit, you will need to prove the following elements:

• A duty of care was owed to you: A “duty of care” simply means that the other party was obligated to act with care for your safety. For surgical error cases, this is most often evidenced by a doctor-patient relationship between you and the surgeon.
• The duty of care was violated: When a surgeon makes a surgical error, they have violated their duty of care to you through their negligence. As mentioned, their employer has also violated this duty by failing to protect you (the patient) from harm.
• You were injured and incurred damages: You must prove that the surgical error directly caused your injuries and damages. Often, in an attempt to shift the blame over to you, the surgeon/hospital will claim that your injuries were sustained elsewhere or that your damages were not so bad.

Hire Skilled Trial Lawyers to Fight for You

At Levinson Axelrod, P.A., we are committed to fighting for New Jersey residents harmed by negligent health care professionals. Unfortunately, it is very rare for a negligent party to own up to what they have done. Instead, they tend to deny liability and blame the victim, denying the victim their rightful compensation. We will not allow this to happen to you. Our attorneys will exhaust our extensive resources and fight tirelessly for your rights.

Over the years, we have become known as New Jersey’s premier personal injury law firm due to our detailed care and exemplary legal representation. If you have any questions about surgical errors that occurred during your procedure, we encourage you to call our skilled attorneys. With ten offices throughout the state, we proudly serve clients in Monmouth County, Somerset County, Middlesex County, and all 21 state counties.

To find out if you have a surgical error case, call us at (732) 440-3089 today or fill out an online contact form.