Surgical Errors: What You Should Know

July 24, 2023

Surgery is often seen as a life-saving or transformative solution, offering hope and relief to individuals facing various medical conditions. The experience and knowledge of surgeons and medical professionals ensure you receive the best possible care and outcomes. 


However, as with any complex medical intervention, there is always a degree of risk involved. In rare instances, surgical errors can occur, leading to devastating consequences for patients and their families. Explore the topic of surgical errors and get valuable insights into what you should know about this critical issue.


Overview of Surgical Errors


Surgical errors occur when a surgeon jeopardizes a patient's safety due to their failure to provide adequate care. Thus, a patient can experience an unexpected injury, illness, or condition after surgery that they did not consent to because the surgeon did not adhere to the necessary safety measures and protocols.


Surgical errors could be anything from a botched anesthetic to organ damage to patient injury due to improper surgical technique. When a patient shows symptoms, doctors sometimes miss the diagnosis or don't apply the appropriate treatment.


Causes of Surgical Errors


Surgical mistakes happen when the medical team doesn't take the right steps to keep the patient safe. Fatigue, incapacity, poor communication, inappropriate work method, substance abuse, and negligence are the most frequent reasons for surgical mistakes.


The surgeon's cognitive state and ability to successfully perform the procedure are negatively affected by fatigue, making fatigue a major contributor to surgical mishaps. 


Another key contributor to surgical mistakes is surgeon incompetence. A surgeon may not have the essential abilities to conduct a procedure successfully if they have never done it before or are unfamiliar with it.


Miscommunication occurs when the surgeon and the operating room crew fail to communicate effectively during preoperative planning and the procedure itself. Some examples of unintended effects include administering the incorrect dosage of medication, marking the wrong surgical site, or using the incorrect equipment during a surgical procedure.


Surgical mistakes also result from a lack of correct procedures being followed. Before beginning a surgical treatment, doctors should study the patient's medical records to prepare for any unforeseen difficulties.


Substance use also increases the risk of surgical mistakes. Instances of surgeons who arrive to the operating room under the influence of alcohol or illicit substances are rare, but this can happen. It can lead to potentially fatal mistakes even if the surgeon doesn't think it will impair their performance.


One last potential problem is accidental disregard. Even though the surgeon is well-trained and experienced, accidents can still happen. For example, the surgeon might create a risk of infection if they do not properly disinfect the instruments or if they use devices with a history of malfunctions.


Types of Surgical Errors


Anesthetic errors occur when the patient receives either too little or too much anesthesia, which can have devastating consequences.


Meanwhile, incision errors involve creating incisions in the wrong place, which can cause internal bleeding, serious consequences, and the need for more surgery to fix the issue.


Wrongful amputations happen when a surgeon removes the wrong limb or cuts off a limb when unnecessary.


Surgical errors can happen when the wrong patient or body part is operated on or when foreign objects are left inside the body. These can lead to abscesses, infections, and organ damage and require additional treatment, such as antibiotic therapy.


Finally, nerve damage can happen as an unintended consequence of surgery or as a direct result of carelessness on the part of the surgeon. Risks of nerve damage include pain, reduced motor function and feeling, numbness or tingling, paralysis, and convulsions. 


Conditions to Claim Medical Malpractice


To prove surgical malpractice, patients must establish that their physician deviated from the generally accepted standards of care for the treatment at hand and that the surgeon's negligence directly resulted in injury.


Contact us at Neimark Coffinas & Lapp, LLP, if you need legal assistance for a medical malpractice claim or suit due to surgical errors in New York.

By NCL Law • September 29, 2026
New York no-fault insurance directly shapes every car injury claim in Spring Valley, NY. Knowing how it works can mean the difference between recovering your full losses and walking away with far less than you deserve. If you were recently hurt in a crash in Rockland County, speaking with a Car Injury Attorney is one of the most important steps you can take. This article explains what no-fault insurance covers, when you can sue outside the system, and how to protect your claim from the start.  What Is New York No-Fault Insurance? New York is a no-fault insurance state, which changes how almost every car accident claim works in Spring Valley, NY. Instead of first pursuing the at-fault driver, you file with your own insurance company to cover early losses. State law requires every driver to carry Personal Injury Protection (PIP) coverage. PIP pays for medical treatment and a portion of lost wages regardless of who caused the collision. The minimum PIP limit is $50,000 per person, but serious injuries in Rockland County can push costs past that threshold quickly, especially when surgery, imaging, or extended physical therapy is involved. PIP covers reasonable medical bills, a share of lost income, and related out-of-pocket expenses. It does not cover pain and suffering or other non-economic losses. A Car Injury Attorney can review your policy and explain exactly where your coverage ends and your exposure begins. What Does PIP Not Cover in a Spring Valley Crash? PIP provides a financial floor, but it has real gaps. The no-fault system does not compensate you for pain, emotional distress, or the impact your injuries have on daily life. Those losses require stepping outside the no-fault system entirely. To pursue a claim against the at-fault driver for non-economic damages, your injuries must meet New York's "serious injury" threshold under Insurance Law § 5102(d). Qualifying injuries may include significant disfigurement, bone fractures, permanent limitation of a body organ or member, significant limitation of a bodily function or system, or total disability lasting at least 90 of the first 180 days following the accident. Soft-tissue injuries such as whiplash or disc herniations are common near Route 59 and the Thruway interchange, and insurers frequently dispute whether those injuries qualify. A Car Injury Attorney serving Spring Valley, NY, can help document your condition so a soft-tissue or spinal injury is not dismissed without a fair review. Key Deadlines You Cannot Afford to Miss Deadlines in New York no-fault cases are strict. You must file your PIP claim within 30 days of the accident. Medical bills must be submitted to your PIP provider within 45 days of each treatment. After those windows close, your insurer may legally deny the claim. The statute of limitations for a personal injury lawsuit in New York is generally three years from the accident date. Missing that deadline eliminates your right to recover compensation through the courts. Consulting a Car Injury Attorney promptly helps ensure none of these windows are missed. Local matters are handled through the Rockland County Supreme Court in New City, NY, and familiarity with that courthouse matters. Common Insurer Tactics That Can Hurt Your Claim Insurance companies routinely look for ways to limit payouts. Insurers may schedule Independent Medical Examinations (IMEs) to challenge whether your continued treatment is medically necessary. Missing an IME can result in termination of PIP benefits even while you are still actively treating. Carriers may also argue your injuries do not meet the serious injury threshold, pointing to gaps in treatment, inconsistencies in records, or pre-existing conditions. Consistent medical documentation from a doctor familiar with no-fault claims reduces your exposure to these tactics. A Car Injury Attorney can make a meaningful difference in how your records are compiled and presented. Can I Still Sue if My Injuries Exceed My PIP Limits? Yes. If your medical costs exceed your PIP coverage and your injuries meet the serious injury threshold, you may pursue additional compensation for expenses beyond PIP limits, lost income, pain and suffering, emotional distress, and permanent disability. What Happens if the At-Fault Driver Was Uninsured? If the driver who hit you in Spring Valley, NY, carried no insurance, your own Uninsured Motorist coverage may apply. New York law requires insurers to offer this coverage, and the same serious injury threshold rules apply. A Car Injury Attorney can help you navigate the process and fight for the full benefits available under your policy. How Long Do I Have to File a PIP Claim After a Crash? You must file your PIP claim within 30 days of the accident date, and medical bills must be submitted within 45 days of each treatment. These deadlines are enforced strictly, and late submissions can result in denial even when your underlying claim is valid. Talk to a Car Injury Attorney Before You Settle Accepting an early settlement before you understand the full scope of your injuries may leave significant compensation unclaimed. A settlement that looks fair today could fall short once future medical costs, rehabilitation needs, and lost earning capacity are factored in. Neimark Coffinas & Lapp LLP serves accident victims throughout Rockland County and the broader Hudson Valley from offices in New City, NY. The firm works on a contingency fee basis, meaning you pay no attorney fees unless compensation is recovered. Free consultations are available 24/7. Call (888) 725-7424 or visit the contact page to schedule your free consultation. You can also learn more on the firm's Spring Valley auto accidents page.
A person filling out a slip and fall accident report next to an injured, bandaged hand.
July 14, 2026
Injured in a slip and fall in Spring Valley, NY? Neimark Coffinas & Lapp LLP helps you determine who is liable under New York law. Call today for a free consultation.
Judge’s gavel with toy cars and law books, symbolizing auto accident laws.
June 16, 2026
Injured in a crash? Our motor vehicle injury lawyer serves in Spring Valley, NY. Neimark Coffinas & Lapp LLP fights for you. Call (888) 725-7424 today.
a caution sign with Wet Floor on it.
By Adanelis Esther Feliz • April 21, 2026
Are you looking for a slip and fall lawyer in Spring Valley, NY? Get expert legal advice and representation from Neimark Coffinas & Lapp LLP. Click here!
A wooden gavel rests on a reflective surface next to a pile of books and a stethoscope.
February 3, 2026
Neimark Coffinas & Lapp LLP explains key aspects of medical malpractice claims in Pearl River, NY. Click here to learn your rights and legal options today!
A man lying on the floor after slipping near a caution sign with scattered papers
February 2, 2026
Do you need a slip and fall lawyer in Pearl River, NY? Neimark Coffinas & Lapp, LLP, offers compassionate, experienced legal representation. Click here!
Wooden blocks with icons for healthcare, justice, and protection, topped with “NEGLIGENCE”.
By Aaron Taylor • January 21, 2026
Call Neimark Coffinas & Lapp LLP, a nursing home neglect lawyer in Pearl River, NY. Contact us today at (888) 725-7424 for legal guidance.
A lawyer specializes in auto auctions and legal matters.
December 3, 2025
Need an auto accident lawyer in Pearl River, NY? Call Neimark Coffinas & Lapp LLP at (888) 725-7424 for a free consultation and protect your rights today!
Wooden gavel and stethoscope on table symbolizing healthcare law and medical justice concepts.
October 2, 2025
Neimark Coffinas & Lapp LLP offers guidance with a medical malpractice lawyer in Pearl River, NY. Understand your rights and risks; visit our website today!
Elderly people sitting in a common room, one person in a wheelchair.
July 21, 2025
Work with a trusted nursing home neglect lawyer in Pearl River, NY. Call Neimark Coffinas & Lapp at (888) 725-7424 today to schedule your consultation.