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Medical Malpractice Lawyer


Surgical Negligence


Unfortunately, surgeons and hospitals make preventable negligent or careless mistakes during surgery. Common surgical errors include leaving operating tools, or leaving operating sponges inside a patient; surgery on the wrong part of the body or wrong organ; surgery for an organ that should not have been operated on because of a faulty reading of X-Rays, CAT Scans, or MRI.s; negligent operating techniques. Doctors, surgeons, gynecologists, orthopedic surgeons and laparoscopic surgeons who are at fault for this mistake should be held accountable for any carelessness. Such carelessness is most often, in our experience, due to the following contributing factors to surgical errors: surgeon fatigue, inattentiveness; mis-communication amongst surgical staff; poor handwriting in patients' charts; poor pre-operative planning; failure to take proper patient medical history; and a failure to note all drug allergies. As a result of any surgical error, the pain and suffering of the patient to fix those errors, sometimes by way of additional surgeries, obviously increases. Patients may have to pay for multiple surgeries; there may be nerve or organ damage, or infection and scarring. The emotional toll of being a victim of a surgical mistake is oftentimes profound. According to a www.sciencedaily.com article dated November 17, 2009 an estimated 5 to 10 incorrect surgical procedures occur daily in the United States. Surgeries can be performed on the wrong site, wrong side of the body, using an incorrect procedure or even on the wrong patient. Ophthalmology and orthopedic surgery was associated with the most reported cases of surgical errors, comprising a whopping 45% of all surgical errors.

Improper gynecologic surgeries can be the result of misread laboratory tests or incorrectly performed office procedures. Gynecologists often perform laparoscopies for some procedures which may result in a surgical cut of an artery during that laparoscopy which of course can result in severe bleeding and death. In one case our office handled, we represented a patient whose gynecologist performed a laparoscopy and cut not one but three different areas of her large bowel by mistake. She also suffered over 3 liters of loss of blood during the laparoscopy.

Another area of surgical error is in the field of surgical opthamalogy. LASIK surgery is common among eyeglass wearers. Some LASIK surgery results in clear medical malpractice as well.

At the Diefenbach Law Firm, our New York medical malpractice lawyers will investigate your medical records and use expert surgeons and doctors as needed to uncover any error or mistake your doctor may have committed during surgery, or laporoscopy, or eye surgery. Should we accept your case, we will leave no stone unturned as we unravel what may have happened in the operating room.


































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We accept cases throughout New York State, including the NYC boroughs of Manhattan, the Bronx, Brooklyn, Queens, Staten Island and the counties of Nassau, Suffolk and Westchester.