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Surgical Errors

three doctors performing surgeryHospital negligence attorneys serving all of northern New Jersey, including Paramus, Hackensack, Bergen County and beyond.

Those who have suffered serious harm due to surgical errors need to know that they are not alone. Depending on the types of injuries sustained and the circumstances that caused them, significant financial compensation may indeed be recoverable.

The New Jersey medical malpractice lawyers of Eisbrouch Marsh are ready and willing to offer victims the type of individualized, comprehensive legal representation necessary to help them begin the healing process. We know first-hand the emotional and physical devastation a surgical mistake can have on patients and their entire families, and we possess the tools and the resources needed to hold responsible parties fully accountable.

Each day, thousands of patients elect to undergo surgical procedures without excessive concern about errors that may occur once they are in the operating room. No matter if the surgery is medically necessary or elective in nature, patients everywhere put their full faith in the competence and skill of the professionals treating them.

There is simply little choice but to rely on the training and experience of doctors and nurses in such situations, and generally speaking, the confidence we place in them is well-founded. Unfortunately, a growing number of patients throughout New Jersey are being adversely impacted by surgical mistakes and anesthesia errors that cause serious harm. At Eisbrouch Marsh, we are committed to pursuing justice on behalf of those individuals and securing the financial resources they are certain to need.

Key facts about the frequency of surgical errors

A spike in reports of surgical errors in hospitals nationwide has caused alarm bells to sound in recent years, even with respect to patients undergoing elective or routine procedures. Research has suggested that no less than 2,000 U.S. patients per year leave the surgical theater with materials inadvertently left behind in their bodies.

When surgical materials such as instruments, sponges or gauze remain inside the body after an operation, patients are at a much greater risk of developing severe, life-threatening infections and other debilitating complications.

Leaving objects inside the body is just one of many common surgical errors, a list that also includes:

  • Surgical slips or mishaps that cause muscle, nerve or vital organ damage
  • Anesthesia mistakes that lead to coma, incapacitation or death
  • Surgery performed on the wrong part of the patient’s body
  • A procedure undertaken on the wrong patient
  • Operations that exceed the scope of the patient’s consent

Increased attention in the prevention of surgical errors in New Jersey

Recent studies have attributed the increase in surgical errors to widespread failure on the part of hospitals and other healthcare facilities to engage in available prevention techniques. As a result, there have been growing calls among patient advocacy groups and hospital administrators alike for the development of new methods for ensuring that no foreign objects are left inside patients. Suggestions have included mandatory error reporting requirements and hefty fines for mistakes that result in severe injury or death.

Many states have begun implementing their own schedules of fines and penalties for these kinds of errors, and Medicare has instituted a policy of withholding payment reimbursements for procedures and actions directly connected to injury-causing errors. Despite these initiatives, however, life-changing surgical errors are still happening throughout New Jersey and New York with shocking frequency.

The pain, emotional distress and family disruption that result can be truly catastrophic. The NJ personal injury attorneys of Eisbrouch Marsh are committed to protecting the rights of those who have been subjected to negligence of this type and will work tirelessly to secure the outcomes they deserve. We serve Passaic, Hudson, Essex, Morris, Middlesex, and Bergen County, as well as all 5 boroughs of New York City and Long Island.

Common injuries stemming from surgical mistakes

Surgery errors have the ability to produce life-altering injuries such as:

  • Infectious disease transmission
  • Systemic infection
  • Lasting disfigurement
  • Permanent nerve damage
  • Damage to vital organs
  • Internal hemorrhaging
  • Unsuccessful procedures requiring revision surgery
  • Death

The reasons underlying these and other surgical errors are numerous, but all of them ought to be preventable. Fatigue, inattention, poor communication, faulty planning, lack of adequate staffing and failure to get complete patient medical histories can all lead to serious, costly mistakes.

These factors also frequently yield actionable negligence and malpractice claims, and the attorneys of Eisbrouch Marsh have 25 years of experience marshaling the evidence necessary to demonstrate breaches of the accepted standard of medical care.

Helping injured patients throughout New Jersey

Prospective plaintiffs need to realize that NJ medical malpractice lawsuits based on surgical mistakes are extremely complex cases requiring a great deal of investigation, research and review of medical records. Thus, injury victims are well-advised to secure the assistance of lawyers who enjoy access to an extensive network of medical experts, case investigators and support staff able to build the strongest possible arguments on their behalf.

The NJ surgery error attorneys of Eisbrouch Marsh have assembled such a network and stand prepared to deploy its resources in diligent pursuit of each client’s best interests.

Compensation available through malpractice litigation

Victims of surgical mistakes in New Jersey can take heart in the fact that the law does provide them the opportunity to seek compensation for the harm they have sustained due to medical malpractice.

Available financial recovery may include payment for:

  • Present and future medical bills
  • Ongoing rehabilitation and therapy expenses
  • Physical pain and suffering
  • Emotional distress
  • Loss of wages
  • Lost earning capacity
  • Reduced quality of life
  • Loss of marital or family relationships

While it is true that New Jersey law caps punitive damages at the greater of five times a defendant’s liability for compensatory damages, or $350,000, the law imposes no restrictions on potential recovery of economic damages such as medical costs or lost wages.

It is also important to realize that the state’s statute of limitations requires that medical malpractice claims be brought within two years of the date when the action occurred, unless the claimant’s age or disability imposes a different deadline. Regardless of the circumstances, an experienced NJ medical malpractice attorney at Eisbrouch Marsh can provide a thorough analysis of the facts and guide an injury victim through what is sure to be a confusing, frustrating time.

Seeking justice for victims of surgical errors

Anyone who has experienced the pain and misery of a preventable surgical error will attest to the sense of betrayal and anger such circumstances produce. At Eisbrouch Marsh, we understand the many ways in which such mistakes can inflict lasting harm on patients and those closest to them, and we are committed to preserving and protecting their rights.

If surgical or anesthesia errors have inflicted pain, suffering and emotional distress on you or someone you love, we invite you to contact us at 201-342-5545 for a no-cost initial consultation and case assessment. We serve Paramus, Hackensack, Bergen County and the rest of northern New Jersey. Let us evaluate your claims and help you begin the process of exploring your legal options.

  1. CNN, 10 Shocking Medical Mistakes, www.cnn.com/2012/06/09/health/medical-mistakes 
  2. USA Today, What surgeons leave behind costs some patients dearly, www.usatoday.com/story/news/nation/2013/03/08/surgery-sponges-lost-supplies-patients-fatal-risk/1969603 
  3. Los Angeles Times, Medical field works to reduce number of surgical mistakes, http://articles.latimes.com/2012/dec/23/local/la-me-surgical-errors-20121221 
  4. CNN, When routine surgeries go wrong, http://www.cnn.com/2013/12/19/health/routine-surgery-complications/ 
  5. Journal of Patient Safety, A New, Evidence-based Estimate of Patient Harms Associated with Hospital Care, http://journals.lww.com/journalpatientsafety/Fulltext/2013/09000/A_New,_Evidence_based_Estimate_of_Patient_Harms.2.aspx