Even under good circumstances, surgical errors can happen. When a surgeon or staff member participating in a surgery makes a mistake, there may be dire consequences for the patient. If you were injured or a loved one died due to brain injuries caused by a surgical error, you should call the experienced Syracuse brain injury lawyers of DeFrancisco & Falgiatano. Our respected firm has more than thirty years of experience helping and representing brain injured patients and their families.
Brain Injuries Caused by Surgical ErrorSurgical errors can cause traumatic or nontraumatic brain injuries. Traumatic brain injuries are those caused by external circumstances, such as the pierce of a surgeon’s knife during brain surgery or misuse of forceps during the birthing process. Nontraumatic brain injuries are, in medical parlance, brain injuries that arise out of internal processes. For example, if a surgical patient suffers a brain injury because of a mistake in administering anesthesia, this would be considered a nontraumatic injury by the medical community.
Not every surgical error that results in brain injury constitutes medical negligence. To prove medical malpractice in a lawsuit, our Syracuse medical malpractice lawyers must be able to demonstrate through evidence that it is more likely than not: (1) you were owed a professional standard of care by the defendant, (2) the professional standard of care was breached, (3) the breach actually and proximately caused your brain injuries and (4) actual damages. The professional standard of care depends on what defendants in the same specialty and geographic region would have done to adhere to the accepted practices of the medical community. For example, if a nurse involved in your surgery failed to follow procedures for monitoring to make sure your breathing was not altered by the administration of anesthesia and a reasonably prudent nurse in Syracuse would have, there may be actionable medical malpractice.
In most cases, we will need to consult with an expert even before filing your case. In New York, a certificate of merit attesting to consultation with a medical expert to ensure the case is meritorious must be filed with a plaintiff’s complaint except in very rare circumstances. Other experts may need to be retained once a lawsuit is filed. These experts may provide testimony on technical, medical, and economic aspects of your case according to what would be helpful to a layperson on a jury in understanding the situation.
DamagesBrain injuries arising out of surgical errors can be so severe they substantially and permanently affect patients’ ability to lives their lives. These injuries can affect a patient’s thinking, memory, balance, sensations, emotions, language and communication. Some patients require lifelong care, supervision, and medical treatment and equipment to address the harm done.
Damages our seasoned medical malpractice attorneys may be able to recover in a successful surgical malpractice lawsuit could be economic or noneconomic; the amount of these damages depends on the severity of injuries. For example, if your neurosurgeon nicked a portion of the brain related to language and as a result you were left with difficulties in speech, and you are a politician who did a lot of public speaking, your damages would likely be significant.
Economic damages arising out of a brain injury caused by surgical malpractice are tangible losses, typically documented. The evidence of these losses could be paystubs, medical bills, pharmacy receipts, laboratory receipts, and expert opinions about future medical care you may need. Noneconomic damages can vary widely depending on what a particular jury believes would naturally flow from the brain injuries you suffered. They can include pain and suffering, emotional distress, loss of enjoyment of life, and, in some cases, might involve loss of consortium damages for your spouse.
Consult a Seasoned Syracuse Brain Injury LawyerIf you were injured or a loved one suffered complications in connection with brain injuries inflicted by another, you should talk with our seasoned Upstate New York firm’s lawyers. DeFrancisco & Falgiatano Personal Injury Attorneys has more than 30 years of experience seeking best results for those who suffer brain injuries caused by surgical errors in Canandaigua, Lowville, Oswego, Oneida, Auburn, Lyons, Albany, Buffalo, Utica, Elmira, Binghamton Rochester, Wampsville, Watertown, Herkimer, Ithaca, and Cooperstown. For a free consultation, complete our online form or call us at 833-200-2000.