Most medical procedures carry some degree of risk that patients are willing to accept because the benefits far outweigh the potential for harm. Sadly, though, some surgical patients suffer injuries due to mistakes that should never happen, like accidental punctures and lacerations. Such wounds are typically the direct result of carelessness and, in many instances, are cause for pursuing medical malpractice claims. If you or a loved one sustained losses due to laceration or puncture wounds a doctor caused during a procedure, it is advisable to talk to an attorney about what damages you may be owed. The knowledgeable Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are adept at helping victims of medical negligence recover the maximum damages available, and if we represent you, we will work tirelessly on your behalf. We regularly aid people in the pursuit of damages in medical malpractice cases in Syracuse, Rochester, and throughout Upstate New York.
Harm Caused by Accidental Punctures and LacerationsAccidental punctures and lacerations during medical procedures can cause significant harm, leading to a range of serious complications. These injuries occur when medical instruments inadvertently cut or pierce tissues, organs, or blood vessels, potentially resulting in excessive bleeding, infection, and damage to critical structures. The immediate consequences can include acute pain, significant blood loss, and the need for emergency interventions to repair the damage.
In the longer term, patients may face prolonged hospital stays, additional surgeries, and extended recovery periods. Such injuries can also lead to permanent disability, chronic pain, or functional impairments, significantly impacting the patient’s quality of life.
Lawsuits Arising Out of Accidental Punctures and LacerationsWhen doctors accidentally cause punctures or lacerations during medical procedures, the resulting injuries can lead to significant harm that not only causes physical pain but also requires costly medical care. As such, many people injured by such carelessness will seek to recover some of their losses via medical malpractice claims.
Typically, a plaintiff in a medical malpractice case will assert a negligence claim against the defendant. In New York, proving negligence requires a plaintiff to show that the defendant owed them a duty. The duty a doctor owes a patient is to provide treatment that aligns with the accepted standards of care, which is what a competent professional in the same field would consider the good and accepted practice of medicine. Next, the plaintiff must establish that the defendant breached this duty by failing to meet these standards, which ultimately resulted in the accidental puncture or laceration. Additionally, the plaintiff needs to prove that they suffered measurable damages due to the injuries in question and that these damages were directly caused by the defendant's breach of the standard of care.
While in many medical malpractice cases arising out of accidental punctures and lacerations, it is clear that the defendant committed an error, the plaintiff will nonetheless most likely need to engage a medical expert to testify about the appropriate standard of care, the defendant's failure to adhere to it, and the connection between the defendant's actions and the plaintiff's injuries.
If the plaintiff is successful in proving the defendant’s fault, they may be awarded various damages, including compensation for their medical expenses, lost wages, and out-of-pocket costs. They may also recover damages for their pain, emotional distress, and suffering.
Speak to an Experienced Medical Malpractice Attorney in Syracuse, Rochester, or Upstate New YorkAccidental punctures and lacerations can cause critical complications, and in most instances, they are the direct result of carelessness. If you sustained an accident puncture wound or laceration in a procedure, you have the right to pursue claims against the doctor responsible for your harm, and you should speak to an attorney. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers know what it takes to prevail in claims against careless providers, and if you engage our services, we will develop persuasive arguments in your favor. We frequently represent people in medical malpractice cases in Syracuse and in Rochester and throughout Upstate New York. To arrange a confidential and free meeting, you can reach us through our online form or by calling us at 833-200-2000.