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When a person goes in for surgery, he or she expects to come out in better condition than when he or she went in. Errors during procedures, however, can cause serious and potentially lethal injuries. At Duffy & Duffy, our medical malpractice attorneys guide individuals through claims stemming from improper or deficient health care services. That includes cases involving injuries or illnesses that are caused or made worse by surgical errors. Our Long Island surgical error lawyers understand the pain and stress that these mistakes cause patients and their families, and we work unwaveringly to help them seek the legal remedies they deserve.
Cases involving surgical errors typically center on claims for medical malpractice. Unlike in ordinary negligence cases, where courts consider whether the person being sued acted as a reasonable person would have behaved, doctors and other professionals are held to a more specific standard based on their specialization and training. To prove malpractice in a surgical error case, for example, a patient and their Long Island attorney will have to show that the physician made a mistake that an ordinary doctor with similar knowledge and experience would not be expected to make under the circumstances. In other words, the victim has to establish that the doctor did not meet what the law refers to as the “standard of care.”
The injured person also has to show that the healthcare provider’s breach of the standard of care actually caused him or her to suffer harm. That might mean, for instance, showing that a surgical error led to specific conditions or that the mistake made an existing illness worse than it was before the procedure. A person who successfully proves malpractice may be entitled to monetary damages for medical bills, missed wages, pain and suffering, and emotional distress.
In some cases, an injured patient may also be entitled to punitive damages. This form of legal recovery is intended to punish a person or entity for wrongdoing instead of compensating a victim for his or her injuries. The severity of the injury may also impact the settlement, for example, malpractice causing a stroke would lead to a larger punishment than a smaller injury. To obtain punitive damages in a medical malpractice lawsuit, the patient has to show that the doctor’s conduct was “malicious” or “wanton and reckless.”
Sometimes, that standard is interpreted as limiting these damages to cases where the defendant engaged in behavior that borders on criminal activity. Generally, however, it means either that the malpractice happened purposely or that the doctor’s actions were performed with “conscious indifference and utter disregard” for the impact they might have on the patient. Although simple accidents may rise to the level of negligence, they are unlikely to warrant a punitive damages award. It is important to seek the counsel of an experienced lawyer in Long Island who has investigated and handled many surgical error claims to consider this issue.
At Duffy & Duffy, we have a long track record of helping people harmed by surgical errors pursue the full amount of the compensation to which they are entitled. That includes taking cases all the way through trial in some instances and negotiating favorable settlements in others. We have successfully settled more than 250 medical malpractice cases since 2006, including about 70 multi-million dollar settlements.
If you or a loved one has been hurt as a result of a surgical error, contact the injury lawyers at Duffy & Duffy. Contact a Long Island surgical error lawyer online or call us at (516) 394-4200 for a free consultation.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
