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Bronx Personal Injury & Real Estate Blog

Thursday, December 13, 2018

Removing a Healthy Organ in Error

Can I sue for malpractice if a surgeon mistakenly removes a healthy organ?

Skilled New York medical malpractice attorneys need to know their way not only around the legal aspects of the case but must also navigate the often-complex terminology and best practices of the medical profession in proving their case.

That’s because succeeding in a medical malpractice lawsuit requires clearly showing that the doctor, hospital, and/or other medical personnel deviated from the accepted standards of medical care and that such deviation caused the victim’s injuries.

Medical malpractice lawsuits fall within the realm of personal injury law which, in a nutshell, provides that if the victim is injured due to the negligent, reckless, or intentional actions or inactions of another person or entity--and the victim can establish liability-- then the victim is entitled to monetary compensation for their injuries. But it can be difficult to establish liability sometimes.

However, on occasion, so-called “never events” happen. Such cases are also referred to as “wrong-site, wrong-procedure, wrong-patient errors” and when they happen, they can make a medical malpractice lawsuit a tad less complicated.

Imagine going into back fusion surgery and coming out to learn that your healthy kidney was removed because it was allegedly mistaken for a tumor. That reportedly happened to the woman when the surgeon whose only job was to open her so another surgeon could perform the back surgery spotted her healthy kidney and allegedly “declared an emergency and removed it”.

The state’s Department of Health reportedly also filed a complaint against the surgeon over this “presumptive diagnosis of a gynecologic malignancy, lymphoma, and/or other metastatic diseases” which could result in punishment ranging from a fine to loss of his medical license.

If you or a loved one has been injured or a loved one has been killed as a result of medical malpractice or any other accident, the Goldstein Law Firm can help maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our office in the Bronx, New York, we represent injured victims and their families throughout New York City and New York State, as well as those injured while visiting New York.


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