Rochester, NY Surgical Error Lawyer

Did you or a loved one go in for surgery only to have your medical condition made worse by the negligence of the surgeon or operating room staff? If you have suffered medical malpractice, you have the right to take action and seek compensation for past, present and future damages and losses related to your injury.

At Kammholz Law, our team has nearly 35 years of combined legal experience bringing our core values of knowledge, honesty, compassion, diligence and creativity to medical malpractice and cases of negligence specifically involving mistakes during surgery. It’s why you will be confident that everything’s going to be alright.

Did You Suffer an Injury due to a Surgical Error?

If you or a loved one suffered a surgical error, 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 are a Rochester-based 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.

Possible Surgical Errors Caused by Negligence are Numerous

Surgical errors can come in many forms. Some are blatant examples of negligence, such as leaving sponges and other surgical implements in the body after surgery. Other errors include perforating your intestines or other internal organs or structures, or injuring the nerves around the surgical area. Often, negligence is the failure of the surgeon to identify that an injury has occurred and reparing the damage before closing you back up and concluding the surgery.

Even a relatively small error can have devastating consequences. Nerve damage or organ perforation can lead to significant internal damage or infections.

The team at Kammholz Law has the experience to hold New York hospitals, healthcare systems, and the healthcare professionals who work in them, accountable for surgical malpractice, including:

  • Cataract surgery injuries
  • Carpal tunnel surgery injuries
  • Gallbladder removal injuries
  • Bowel perforation during surgery

Statute of Limitations for Surgical 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!

We’re here to help! To schedule a free consultation, please call us at 585.678.4500 or complete the secure form below.

Paying For Your Personal Injury 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.