Surgeries carry inherent risk to patients. However, some injuries can be the result of a surgeon’s negligence. If you or someone close to you has been harmed due to a surgeon’s error, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have the skill and experience necessary to prepare your case. We are here to answer your questions and address your concerns.
Unfortunately, surgical mistakes claim the lives of many people across the U.S. every year. The family of a Tennessee man is suing a Nashville hospital after the man died one month after having open-heart surgery because a surgical needle was left in his body.
The needle was left inside 73-year-old J.B.J. after open-heart surgery this past May. The lawsuit alleges that the surgeon noticed the needle was missing after stitching the patient up after the 9-hour operation. An x-ray confirmed that needle was, in fact, still inside of the declined and his death was “painful, unnecessary and wrongful.”
A second surgery was performed to remove the needle but the surgeon said he could not remove it. It is not clear if this is because the needle could not be found or because it was not in a position to be removed. The patient became critically ill.
While this case took place in Tennessee, the reality is that serious surgical errors happen all over the U.S., including New York. When a surgery error leads to a patient’s death, the victim’s family may be able to pursue compensation through a medical malpractice claim. Wrongful death due to medical malpractice takes place when a surgeon causes death by failing to adhere to the level of care that a reasonably prudent surgeon would have used in the same or similar situation. In the case at hand, the cardiac surgeon’s conduct will be compared to a reasonably prudent cardiac surgeon performing the same surgery under the same or similar circumstances.
In New York, a wrongful death case can be filed in instances where the deceased person could have pursued the case if he or she were alive. State law allows the representative of a deceased person’s estate to sue for financial damages suffered by the family members of the deceased. Typically, a New York county court will determine a fair amount of compensation for losses suffered by dependent family members. Common examples of these damages include funeral costs, burial costs, medical expenses and lost wages.
Surgery errors can lead to devastating harm and, in the worst cases, to death. If you have lost a loved one due to surgical malpractice, you need to reach out to a Rochester surgical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how to navigate complex medical malpractice cases and can apply our knowledge to your case. We know how painful it can be losing a loved one to malpractice, which is why we will handle your case with the utmost compassion. To discuss your case in more detail, call us at 315-479-9000 or contact us online.
More Blog Posts:
Woman Sues Hospital for Performing Emergency C-Section without Anesthesia, Rochester Medical Malpractice and Personal Injury Blog, August 31, 2018
Failure to Diagnose Heart Attack in New York, Rochester Medical Malpractice and Personal Injury Blog, August 24, 2018
Loss of Chance Doctrine in New York Medical Malpractice Cases, Rochester Medical Malpractice and Personal Injury Blog, August 17, 2018
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