Surgical Mistakes Lead to Surgical Claims

John Fisher
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Stopping Medical Injustice

When a medical professional has deviated from the requisite standard of care owed to the patient and the patient is injured, the doctor has committed a negligent act.  The appropriated action is one founded in medical malpractice. 

However, experienced medical malpractice attorneys working in the Hudson Valley region of New York know that every medical malpractice case is unique.  Depending on the facts surrounding the patient’s injury, the plaintiff may have several or more causes of action against one or more defendants that which may have even only arisen out of one moment in time. 

Consider a recent case in which a motion for summary judgment was denied to the defendant.  The case is Venza v. Benatar and is out of the New York Supreme Court, Suffolk County.

The basic facts of the case are as follows. 

The plaintiff patient was admitted to the hospital for hip replacement surgery.  Her sciatic nerve was injured during the surgery and such resulted in a drop foot.  A surgical device shattered during surgery which caused permanent injury to the patient’s sciatic nerve, among many other things.  Some of the allegations are that the hospital didn’t tell the plaintiff of the injury, that the public health law was violated, and that the surgical device was not properly used.  It was also alleged that the surgical device was defective and that the hospital did not follow use instructions properly, nor did the hospital follow its own protocols, reportedly.  

Although this is just a brief description of the case, it is probably clear that the injured patient has multiple claims against multiple parties. 

In fact, the plaintiff commenced suit against the hospital, doctor, and a medical device company.  The complaint alleged, “causes of action for negligence as to each defendant, medical malpractice, lack of informed consent, strict product liability, breach of express warranties, breach of implied warranties, failure to warn, and derivative and loss of services claims”.

Each of these claims carries a different statute of limitations and requires different standards of proof.  Moreover, countless witnesses and experts will be called upon to support the plaintiff’s and defendants’ side of the story. 

The bottom line is that injuries related to negligent medical care involve more than just doctors in some cases.  Any medical professional that has a doctor patient relationship with the plaintiff and who was involved in treating the patient at the moment of injury, can be named as a defendant.  Additionally, since many different devices are used during treatment, medical device companies can also be held liable for negligence on their part under products liability theories if the device was defective in some way. 

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected]  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com

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