Surgical Error Attorneys
When a patient consents to surgery, whether it is a routine procedure or a highly complex operation, they are placing extraordinary trust in their medical team. Surgeons, anesthesiologists, nurses, and hospital staff are expected to follow strict protocols and meet an established standard of care at every stage of the surgical process. When that standard is not met, the consequences can be life-altering.
Surgical errors occur far more often than most patients realize. Across the United States, thousands of individuals suffer serious harm each year due to preventable mistakes made in operating rooms and post-operative settings. For patients and families in New York, these errors often result in long-term disability, emotional trauma, financial strain, and, in some cases, wrongful death.
Kramer, Dillof, Livingston & Moore (KDLM) represents victims of surgical errors and their families throughout New York and nationwide. For decades, the firm has focused exclusively on serious medical malpractice cases, holding hospitals, surgeons, and healthcare systems accountable when preventable harm occurs.
How Are Surgical Errors Defined in New York?
A surgical error is not limited to a dramatic or obvious mistake. Many errors occur quietly, through poor judgment, inadequate preparation, technical missteps, or failures in monitoring a patient before, during, or after surgery.
Even so-called “routine” procedures carry real risks when proper care is not exercised. Nationally, thousands of surgical errors are reported each year, involving everything from orthopedic procedures and abdominal surgeries to complex operations involving the brain, spine, and heart. Some of these errors cause catastrophic injury. Others result in complications that permanently alter a patient’s quality of life.
Under New York law, a surgical error may constitute medical malpractice when a healthcare provider deviates from accepted medical standards and causes harm as a result. Determining whether a mistake rises to that legal level requires careful analysis of medical records, expert testimony, and the specific circumstances of the case.
When Do Surgical Errors Occur?
One of the most common misconceptions is that surgical errors happen only during the procedure itself. In reality, mistakes can occur at any stage of the surgical timeline, including:
- Pre-operative evaluation and planning
- The administration and monitoring of anesthesia
- The surgical procedure itself
- Immediate recovery following surgery
- Ongoing post-operative care and monitoring
Errors may be committed by surgeons, anesthesiologists, nurses, technicians, or other members of the medical staff. In many cases, harm results not from a single mistake but from a series of oversights that compound over time.
What Are Common Types of Surgical Errors?
Surgical errors take many forms. Some of the most frequently encountered include the following:
- Unnecessary Surgery
A patient may undergo a surgical procedure that was not medically indicated or appropriate for their condition. This may occur when a physician misdiagnoses the problem, fails to consider non-surgical alternatives, or proceeds with surgery despite clear contraindications.
- Improper Surgery
This includes performing the wrong type of surgery, operating on the wrong site or side of the body, or removing the wrong organ. These errors often result from breakdowns in communication, inadequate verification procedures, or rushed decision-making.
- Surgical Technique Errors
Improper technique can cause severe injury even when the correct procedure is performed. Surgeons may damage nearby organs, blood vessels, or nerves by failing to exercise due care, using incorrect instruments, or deviating from accepted methods.
- Retained Foreign Objects
Surgical instruments, sponges, or other materials may be left inside a patient’s body, leading to infection, pain, additional surgeries, and long-term complications.
- Anesthesia Errors
Mistakes involving anesthesia can be especially dangerous. These may include administering an incorrect dose, failing to account for patient-specific risks, or failing to adequately monitor vital signs during surgery.
- Post-Operative Care Failures
Even when surgery itself appears successful, poor post-operative monitoring can be devastating. Failure to recognize signs of infection, internal bleeding, or other complications may delay critical treatment and significantly worsen outcomes.
The Impact of Surgical Errors on Patients and Families
The consequences of a surgical error often extend far beyond the operating room. Victims may face:
- Permanent physical impairment
- Chronic pain or loss of function
- Additional corrective surgeries
- Extended hospital stays and rehabilitation
- Emotional distress and loss of independence
- Financial hardship from medical bills and lost income
For families, these cases can involve sudden caregiving responsibilities, emotional trauma, and profound uncertainty about the future. In the most tragic situations, surgical errors result in fatal outcomes that leave families searching for answers and accountability.
Proving a Surgical Error Medical Malpractice Case
Not every negative surgical outcome constitutes malpractice. To succeed in a surgical error claim under New York law, it must be shown that:
- A doctor-patient relationship existed
- The healthcare provider deviated from the accepted standard of care
- That deviation directly caused injury
- The patient suffered measurable damages as a result
These cases are medically and legally complex. They require collaboration with highly qualified medical experts who can evaluate what went wrong and whether the outcome could have been prevented with proper care.
KDLM approaches every case individually. There is no single profile for a “typical” surgical error claim. Each matter is carefully reviewed to determine its merits and the best path forward.
KDLM’s Experience with Surgical Error Cases
Kramer, Dillof, Livingston & Moore has represented hundreds of clients harmed by surgical mistakes. The firm has built a national reputation for taking on complex, high-stakes medical malpractice litigation and achieving results that reflect the seriousness of the harm suffered.
Over decades of practice, KDLM attorneys have secured more than 120 million-dollar verdicts and over $3 billion in settlements for injured clients. Many of these outcomes involved surgical errors that caused catastrophic injuries or wrongful death.
Examples of Surgical Error Cases Handled by KDLM
KDLM’s history includes numerous cases involving serious surgical negligence:
- A woman undergoing colon surgery suffered catastrophic complications when surgeons improperly connected portions of her anatomy. The case resolved for $5.4 million.
- A young mother was gravely injured during a laparoscopic procedure when a surgical instrument pierced her aorta, resulting in a $4 million jury verdict.
- A patient undergoing surgery to relieve pressure on the brain suffered permanent brain damage due to improperly set medical equipment, leading to an $8.5 million verdict in New York County.
These cases underscore how even a single error in the operating room can forever change a patient’s life.
Why Experience Matters in Surgical Error Litigation?
Hospitals and insurers aggressively defend surgical error claims. They rely on teams of attorneys and expert witnesses to minimize liability and dispute responsibility. Successfully litigating these cases requires not only legal skill, but also deep familiarity with medical practices, hospital systems, and complex causation issues.
KDLM has built its practice around these challenges. The firm’s attorneys are known for meticulous case preparation, strategic litigation, and a willingness to take cases to trial when necessary.
When to Speak with a New York Surgical Error Attorney?
If you or a loved one has suffered harm following surgery, it is important to seek legal guidance as soon as possible. Surgical error cases are subject to strict deadlines under New York law, and early investigation can be critical to preserving evidence and building a strong claim.
A consultation with an experienced surgical error attorney can help clarify whether malpractice may have occurred and what options are available moving forward.