Every surgical procedure has some risk of an unexpected outcome. However, if your operation involves an avoidable surgical mistake that leads to an injury it may fall into the category of medical malpractice in Passaic County.
A surgical mistake in Passaic County can cause you to experience additional pain and suffering and medical bills. Your loved may have died because of a mistake made during surgery. Sometimes, when you or a loved one is injured because of a surgical mistake, you may receive a settlement offer.
Unfortunately, the healthcare professional who made the surgical mistake, the hospital where the mistake happened and their insurance companies rarely admit fault. You or a loved one still have legal recourse and can speak with a surgical mistake attorney in Bergen County and Passaic County. Fontanella, Benevento, Galluccio & Smith will help you receive the fair compensation you deserve.
Types of Surgical Mistakes
Surgical mistakes can happen during any surgical procedures, whether in Passaic County, Essex County or elsewhere in northern NJ. There isn’t one type of surgical mistake, but various types of surgical mistakes a healthcare professional can make, including:
- Failing to accurately conduct a pre-surgical evaluation
- Performing the wrong procedure on you
- Using the wrong surgical technique on you
- Conducting surgery on the wrong organ or side of your body
- Using unsanitary surgical equipment or instruments
- Failing to take the required steps to prevent further complications such as nerve damage or infections
- Leaving an object such as a surgical instrument inside your body
Proving Fault for Surgical Mistakes
According to New Jersey law, medical malpractice (including a surgical mistake) occurs when a healthcare professional or a healthcare institution breaches the standard of care. Standard of care involves your surgeon providing medical care with the degree of caution, prudence and attentiveness a reasonable person would in similar circumstances.
In medical malpractice, a reasonable person is regarded as another surgeon, not just anyone. When a surgical mistake occurs, the surgeon may have violated the standard of care. The court requires anyone suing because of surgical mistake to prove factors such as:
- You had a patient-doctor relationship with the surgeon
- The surgeon made the surgical mistake
- The surgical mistake caused your injury
- The injury led to specific damages such as pain and suffering, mental anguish, medical bills, death or lost wages
Each of these elements requires showing proof that you or your loved one sustained an injury. Sometimes surgical mistakes happen without causing an injury. Fontanella, Benevento, Galluccio & Smith has a long history of success regarding surgical mistake medical malpractice cases. We will help you prove that the surgeon and hospital are liable for the surgical mistake.
Statute of Limitations for Medical Malpractice
New Jersey law sets a limit on how long you have to file a surgical mistake medical malpractice claim. You have two years from the day your surgeon breaches the standard of care. However, if you didn’t know or realize you were injured during the surgery, the statute of limitations starts later. The limitation starts when you should have reasonably been aware the injury happened and ends two years later.
Just because your surgery occurred more than two years ago does not mean that you have run out of time. Fontanella, Benevento, Galluccio & Smith is ready to help you get the money you deserve.