Surgical errors can have life-altering consequences, leaving victims to face physical, emotional, and financial challenges. If you’ve experienced a surgical error in New York, taking the right steps can help protect your health, rights, and legal options. Here’s a guide to navigating this difficult situation.

1. Seek Immediate Medical Attention

Your health should be the top priority. If you suspect a surgical error, consult another medical professional immediately. Corrective procedures may be necessary to address complications or prevent further harm.

2. Document Everything

Keep detailed records of your medical history, including all procedures, diagnoses, medications, and communications with healthcare providers. This documentation can serve as critical evidence in proving negligence.

3. Request a Copy of Your Medical Records

Under New York law, patients have the right to obtain their medical records. Request a full copy as soon as possible. These records will provide essential information about the procedure and any deviations from standard practices.

4. Consult a Medical Malpractice Attorney

Surgical errors often involve complex medical and legal issues. Consulting an experienced New York medical malpractice attorney can help you understand your rights and determine if you have a valid claim.

5. File a Complaint

Consider filing a complaint with the New York State Department of Health. This step ensures that the medical professional or facility is held accountable for their actions.

6. Understand the Statute of Limitations

In New York, the statute of limitations for medical malpractice claims is typically 2.5 years from the date of the surgical error or discovery. Act promptly to avoid missing critical deadlines.

7. Gather Expert Testimony

A successful medical malpractice claim often requires expert testimony to prove that the healthcare provider deviated from the standard of care. Your attorney can help secure qualified medical experts to strengthen your case.

8. Focus on Recovery

While pursuing legal action, prioritize your recovery. Rely on your support system and seek counseling if needed to address the emotional toll of the experience.

By following these steps, you can work toward justice and fair compensation for the harm caused by a surgical error.