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Rochester, NY Carpal Tunnel Surgery Error Lawyer

The people most susceptible to carpal tunnel syndrome are those who depend on the constant use of their hands to make a living: from administrative assistants and data entry workers, to auto mechanics, factory workers and other professionals. When conditions are severe enough, a person may elect to have carpal tunnel surgery, and their livelihoods often depend on the success of that surgery.

Hand Surgery Mistakes

The intent of carpal tunnel surgery is to relieve the pressure and inflammation that causes debilitating pain, numbness and weakness in the hand. When the surgery is performed properly and follow-up rehabilitation is pursued, the patient is often able to recover and return to normal activity. However, surgical errors — typically involving nicking or cutting of nerves — occur in both “open” and endoscopic carpal tunnel release procedures. In some cases, these surgical errors result in worsening of symptoms, numbness of fingers, and even partial loss of use of the hand.

Did Your Surgeon Cut or Nick a Nerve During the Procedure?

At Kammholz Law, you will work with our medical malpractice surgery error team who has direct experience evaluating potential medical malpractice claims just like yours. We are familiar with causes of permanent, disabling nerve damage such as:

  • An improperly placed or poorly executed incision resulting in the cutting of a critical nerve and, potentially, loss of use and motion as well as continued, amplified hand pain
  • The choice of less invasive endoscopic surgery rather than an open procedure providing the surgeon with greater vision of the ligament and nerves

If you or a loved one suffered an injury during a carpal tunnel surgery, we at Kammholz Law can help pursue financial compensation for any past, present and, even, future losses and damages relating to your injury. Our legal team excels in the complex investigations of medical malpractice and negligence. We have had significant successes holding New York doctors and health systems accountable when hand surgery errors have caused significant damages and losses.

We are a Rochester-based medical malpractice/negligence law firm that is knowledgeable, experienced, compassionate and dedicated to helping people just like you. We will put our nearly 35 years of experience to work, determining who is responsible and holding them accountable to ensure your highest level of compensation for your injuries while also delivering you peace of mind. You are not a number, you are a highly valued client, who is seeking financial and oftentimes, emotional recovery from the serious injuries you have suffered.

Statute of Limitations for Carpal Tunnel Surgery Error Claim

It is in your best interest to immediately start the investigation into whether you have a valid medical malpractice/negligence claim.

There are time limits called “statutes of limitations” on how long you have to file a medical malpractice/negligence claim in New York. You must bring a formal lawsuit before the statute of limitations expires or you will be forever barred from doing so.

The statute of limitations for your claim depends on a number of factors including: who the negligent party is, type of malpractice/negligence, age of the injured patient, and whether the patient passed away as a result of the malpractice.

In addition, some hospitals and medical facilities are owned and operated by a City, a County or even the State of New York. In these circumstances, you will be required to serve a “Notice of Claim” before starting your lawsuit. Similarly, hospitals and medical facilities that are owned or funded by the United States have special rules under the Federal Tort Claims Act (FTCA) for medical malpractice claims.

Determining the applicable time frame can be confusing so contact Kammholz Law to determine whether you have a claim and what the applicable statute of limitations is. We are here to help!

Let Us Take It From Here! FREE Consultation!

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Paying For Your Carpal Tunnel Surgery Error Case

We Get Paid Only When You Get Paid

There is no cost to find out whether you have a valid claim. There is also no cost to actually pursuing a claim, should you have one. If there is a successful outcome, we receive our costs and a percentage of what you receive called a contingency fee.

New York’s Judiciary Law Section 474-A, sets the amount of the contingency fee for medical malpractice based upon a “sliding scale” starting at 30% and reducing to as little as 10% depending upon the amount of the recovery. Specifically, the attorney’s fee is 30% on the first $250,000 of the sum recovered. On the next $250,000 recovered, the fee is 25%. On the next $500,000 recovered the fee is 20%. On the next $250,000 recovered the fee is 15%. After that, on any amount recovered over $1,250,000, the fee is 10%. Percentages are calculated on the net amount after expenses and disbursements are deducted. Expenses are costs such as medical expert reviews/testimony, court filing fees, medical records and other costs to properly pursue the claim.

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