Surgical procedures require the highest standards of care. However, when those standards are not met, patients can suffer serious, sometimes life-altering injuries. Galarza & Etwaroo is dedicated to representing individuals in New Jersey who have been harmed due to surgical errors.

Our team combines legal expertise with a compassionate approach to support victims of surgical injuries in their pursuit of justice and compensation.

Understanding Surgical Injuries

Surgical injuries can occur due to a variety of factors, including surgeon error, inadequate preoperative planning, and failure to manage postoperative care properly. These incidents can result in significant physical, emotional, and financial burdens for patients and their families.

Types of Surgical Injuries

• Wrong-Site Surgery: Operating on the wrong part of the body.
• Foreign Objects Left in Body: Surgical tools or materials left inside a patient.
• Nerve Damage: Injuries to nerves during surgery, leading to loss of function or sensation.
• Anesthesia Errors: Mistakes in administering anesthesia, leading to complications or consciousness during surgery.
• Infections: Infections acquired in the surgical site due to improper sterile techniques.

Standard Of Care and Liability for Surgical Errors

In medical practice, the “standard of care” refers to the level of competence that is expected of healthcare professionals. It encompasses the knowledge, skill, training, and attention that similarly qualified practitioners would bring to a similar procedure under similar circumstances.

Surgical errors that breach this standard can lead to severe patient harm and form the basis for establishing liability in medical malpractice cases.

Establishing Standard of Care

The standard of care is determined by considering what actions a competent surgeon or medical team would have taken in similar situations. Factors include the patient’s condition, the complexity of the surgery, and the resources available.

Expert testimony often plays a crucial role in defining this standard during a lawsuit, providing insight into accepted medical practices and how they were deviated from in a specific case.

Determining Liability

Liability for surgical errors hinges on proving that the healthcare provider failed to meet the established standard of care and that this failure directly caused injury to the patient. Parties that can be held liable for surgical errors include:

• Surgeons: For making procedural mistakes, operating under the influence of drugs or alcohol, or failing to communicate effectively with their team or the patient.
• Surgical Staff: For contributing to errors during the procedure, such as incorrect dosing of medication or improper use of surgical instruments.
• Hospitals: For systemic failures, including inadequate staff training, poor facility conditions, or lack of necessary surgical equipment.

Proving liability requires a thorough investigation of the circumstances surrounding the surgery, medical record analysis, and often, the involvement of medical experts to attest to the breach of standard care.

Possible Compensation for Surgical Injury Victims

Victims of surgical injuries may be entitled to various forms of compensation, including:

• Medical Expenses: Costs for additional medical treatment, rehabilitation, and any long-term care needs.
• Lost Wages and Earning Capacity: Compensation for time off work and any impact on future earning potential.
• Pain and Suffering: Damages for physical pain, emotional distress, and diminished quality of life.
• Punitive Damages: In cases of gross negligence or misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar actions in the future.

Why Choose Galarza & Etwaroo for Your Surgical Injury Claim?

Choosing the right legal representation is crucial in surgical injury cases. Galarza & Etwaroo offers:

• Expertise in Medical Malpractice: Our attorneys have a thorough understanding of the complexities involved in surgical injury cases.
• Personalized Legal Strategy: We tailor our approach to each client’s unique situation, ensuring the most effective representation.
• Commitment to Client Well-being: Our primary concern is your recovery and securing the compensation you need to support it.
• Proven Track Record: We have a history of achieving favorable outcomes for our clients, demonstrating our commitment to excellence and justice.

Start Your Journey to Recovery

If you or a loved one has suffered a surgical injury, it’s important to understand your rights and options. Contact Galarza & Etwaroo today to schedule a consultation.

Our experienced team is ready to review your case, provide you with comprehensive legal advice, and guide you through the process of securing the compensation you deserve. Let us help you on your path to recovery.