New York Surgical Error Lawyer

Recovering from any surgery can be a lengthy process, but when your doctor makes a careless mistake during surgery, you may never fully recover. A botched surgery can leave you with permanent disabilities, emotional trauma, a reduced quality of life, and significant financial costs. You deserve full compensation for your medical bills, lost wages, pain, and suffering.

Content Written by: Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished NYC personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.

Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished NYC personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.

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Our award-winning New York surgical error attorneys are successful trial lawyers who represent people, not corporations. We have been standing up to large corporations on behalf of injured individuals since 2011, and we know what it takes to get you the compensation you deserve. Call (844) 446-9529 or contact us online to schedule your free consultation.

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Why Choose Meirowitz & Wasserberg Surgical Error Attorneys in New York?

Our surgical error lawyers in New York are nationally recognized trial attorneys with over $360 million in successful settlements and verdicts. Our founders, Samuel Meirowitz and Daniel Wasserberg, each have more than 20 years of experience defending injured New Yorkers. Mr. Meirowitz has been named a “Top 100 National Trial Lawyer,” and Mr. Wasserberg is one of a select few attorneys under 40 to have been recognized as a “Top 100 Civil Litigator.” 

We started our New York personal injury law firm because we wanted everyday people who were injured because of negligence to have access to a law firm with the experience, skills, and resources to stand up to large corporations while still treating clients like family. All of our medical malpractice lawyers in New York are guided by compassion, and nothing is more important in our firm than our clients.

Client Reviews

We give every case personalized attention and refuse to settle for less than our clients deserve. We regularly receive glowing testimonials from our clients praising our compassionate approach and outstanding case results:

  • “Sam n’ Dan are AMAZING people! They demanded and got justice for my Father, and I love them dearly! I hope they know how much our family STILL appreciates them, and all they did for us in our fight against those who wronged him. Sam n’ Dan were very personable, professional, responsive to our questions, and supportive in what was a very traumatic time in my family’s life. Sadly, my Father was not able to see his case go to court, as he succumbed to his illness before that time. But he would be SO PROUD of the VICTORY Sam n’ Dan achieved in bringing his life story alive and securing his legacy. God bless Sam n’ Dan, and their whole legal team! Stay safe and well guys, and know that you carry a special place in this family’s heart!!” – Laura C.
  • “I highly recommend this law firm, they have been so helpful with my father’s case. They are always available to answer questions and explain the rationale for any needed documents. They are very receptive to the client’s needs and seemed to tailor an individualized approach to best meet his needs. They also aggressively pursued his case in a timely manner.” – Shannon B.
  • “My name is LUCILLE Battelene. I have been a client of Meirowitz & Wasserberg for four years. They have shown me respect and consideration. Cannot say enough good about this company and how wonderful the staff is. They were there at a very hard time in my life. It was not long before I saw money from the companies. They truly were my lifeline in my time of need. I could never thank them enough for their teamwork and dedication.” – Lucille B.

What To Do If You Have Experienced a Surgical Error in New York

You may notice a surgical error immediately following surgery or in some cases, months or years afterward when you experience unusual symptoms. If you suspect that a surgical error is causing your symptoms, contact our medical malpractice lawyers in New York as soon as possible. We work with medical experts who can review your medical history and the details of your surgery to determine whether your symptoms are the result of a surgical error. 

We offer a free initial consultation and charge no upfront fees. Bring the following items to your consultation if you have them:

  • A list of all of your health care providers and their contact information.
  • The name of the hospital or facility where your surgery took place.
  • The names of any witnesses who are aware of the surgical error.
  • Your medical bills related to the effects of the error.
  • A list of symptoms and complications you experienced since the surgery.

Our attorneys can gather any evidence you lack and advise you of your rights and the next steps. We will launch a full-scale investigation to determine who is liable and how severely you were harmed because of the error.

Types of Surgical Errors We Handle

Surgical errors take on a variety of forms, and our knowledgeable New York surgical error lawyers can handle any type of surgical error claim.


A wrong-site surgery occurs when a doctor amputates a limb on the wrong side, makes an incision in the wrong place, or performs another surgical procedure in the wrong area of the body. Wrong-site surgeries occur as a result of poor communication and a failure to follow preoperative procedures correctly.

Wrong Patient

While rare, hospital staff occasionally operate on the wrong patient due to charting errors and mixups between patient charts. This can result in catastrophic injuries with lifelong effects, such as a loss of reproductive organs, unnecessary amputations, and serious side effects from unnecessary surgery on major organs.

Foreign Objects Left Behind

A careless surgical team may inadvertently leave behind a sponge, clamp, or piece of tubing during surgery. Some patients and health care professionals find retained foreign objects shortly after surgery as a result of pain and inflammation, but some foreign objects may not be found until years later. 

Foreign objects that are retained for an extended period may lead to organ damage and severe infections that lead to sepsis. These effects can be fatal. Regardless of when the object is discovered, you will generally need a second surgery to remove it.


Infections may occur on the inner or outer layers of skin surrounding the incision or inside the body at the surgical site. Infections can occur when surgeons and other medical staff fail to follow appropriate infection control procedures. Common errors that may lead to infections include:

  • Using unsterilized equipment
  • Failure to follow appropriate hand-washing procedures
  • Failure to change gloves at the appropriate times
  • Improper procedures during glove changes
  • Inadequate preoperative scrubbing
  • Improper hair removal
  • Poor ventilation in the operating room
  • Failure to keep tissues properly hydrated
  • Excessive tension on tissue during surgery
  • Failure to remove dead tissue
  • Improper cauterization

Bleeding Complications

Excessive bleeding is the leading cause of death during surgery worldwide. Hemorrhages may occur as a result of improper handling of instruments, poor judgment by surgeons, failure to promptly recognize bleeding when it starts, and incorrectly handling surgical devices. Bleeding may also occur if a doctor fails to tell a patient to stop using blood thinners during the preoperative stage.

Anesthesia Errors

Anesthesiologists must familiarize themselves with every patient’s history before administering anesthesia to avoid unexpected allergic reactions or interactions with the patient’s medications. Throughout surgery, an anesthesiologist must closely monitor the patient and be ready to respond quickly to signs of complications, such as an obstructed airway. Anesthesia may be administered through a variety of mechanisms, including spinal epidural anesthesia, general anesthesia, and local anesthesia.

Cesarean Section Complications

Cesarean sections are often performed on an emergency basis when the doctor must act quickly to remove the fetus from the womb. Life-threatening complications for the mother and child may occur if the doctor makes the incision in the wrong place or too deeply. There is also a risk of infection for the mother if health care providers fail to properly sterilize the surgical field or instruments. Postpartum bleeding may occur if doctors cut laterally into the blood vessels of the uterus during the procedure.

Legal Rights of Surgical Error Victims

Patients have a legal right to expect health care providers to follow established medical guidelines and provide a level of care that would be expected from a reasonable doctor with similar qualifications. Medical malpractice occurs when a health care provider fails to provide a minimum standard of care and injures the patient as a result.

A failure to provide a minimum standard of care can begin long before your surgery. Doctors have a duty to prescribe surgery only when it complies with established medical guidelines. In addition, a doctor has a duty to provide clear instructions on how to prepare for surgery, such as stopping certain medications and fasting. Improperly prescribing surgery or inadequately preparing the patient may both amount to medical malpractice if the patient suffers harm.

During surgery, doctors also have a duty to maintain a sterile environment, perform procedures in compliance with medical guidelines and the treatment plan, and respond competently to emergencies during surgery. Even after surgery, your doctor must provide appropriate monitoring and follow-up to identify complications as early as possible.

Who Is Liable for Surgical Malpractice?

Any licensed health care provider and facility may be liable for surgical errors, including:

  • Primary care physicians
  • Surgeons
  • Anesthesiologists
  • Obstetricians
  • Surgical nurses
  • Nurse practitioners
  • Hospitals
  • Surgery centers

Healthcare providers carry medical malpractice insurance to compensate patients harmed because of their negligence. You may be entitled to pursue significant financial compensation from the liable health care provider’s insurance companies. In many cases, our experienced surgical error lawyers in New York have identified multiple defendants, which may increase the available compensation.

Compensation Options for Surgical Error Victims

Compensation for surgical errors may include economic and non-economic damages. Economic damages are compensation for your monetary losses, such as medical expenses, lost wages, lost future earnings, and future medical expenses. Non-economic damages may include pain, suffering, emotional distress, loss of society, and loss of bodily functions. 

If your loved one died from a surgical error, your family may be eligible to recover wrongful death damages, which may include the following economic damages:

  • Your loved one’s medical expenses
  • Funeral and burial costs
  • Loss of your loved one’s projected lifetime earnings
  • Loss of inheritance
  • Loss of estate value

Unlike in many states, New York’s wrongful death law does not allow families to recover compensation for their own emotional damages related to the death, such as pain and suffering or loss of companionship. However, our experienced New York wrongful death lawyers can help you pursue damages for your loved one’s pain and suffering.

Punitive Damages in New York Surgical Error Claims

In certain cases when the doctor’s conduct was outrageous or intentional, you may be able to recover punitive damages. Although punitive damages can significantly increase your compensation, they are not awarded for that purpose. Their purpose is to punish the defendant and deter others from similar behavior.

How Much Compensation Can I Receive?

There are no limits on economic, non-economic, or punitive damages in New York surgical error cases. The amount you recover could range from a few thousand to millions, depending on the unique facts of your case. The factors that play the most important role in determining your compensation include the following:

  • The severity of your injuries
  • Whether your injuries are permanent
  • Whether you will require ongoing medical care
  • Whether you will be able to return to work
  • How your injuries affect your quality of life
  • How long it takes to recover from your injuries

The best way to determine how much your case may be worth is to contact an attorney with experience handling surgical error cases. Contact our surgical injury lawyers today to set up your free consultation.

How Long Do I Have To File a Surgical Error Lawsuit?

The medical malpractice statute of limitations in New York allows you to file most surgical error lawsuits for up to two years and six months after your doctor made a mistake. However, there are some exceptions. For example, if you discover that a doctor left a foreign object in your body during surgery, you have one year from the date you discovered the object to file your lawsuit. 

However, this does not mean you should wait to contact a surgical error attorney. Surgical error claims can take extensive time to investigate, and your attorney will need to complete the investigation before filing your lawsuit. If you miss the filing deadline, you can forever lose your right to receive compensation for your injuries.

Our New York Surgical Error Attorneys

Schedule Your Free Consultation Today

You shouldn’t have to pay for the mistakes of negligent health care providers. If you or your loved one was harmed as a result of surgical malpractice, our New York surgical error attorneys are ready to fight for the compensation you deserve. 

We represent people, not corporations. With over $360 million in compensation recovered, we are the attorneys you want on your side. We charge no upfront fees, and you only pay if we win. Contact us online or call (844) 446-9529 to schedule your free consultation.


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I feel so blessed to have had Meirowitz & Wasserberg Law Firm represent my Husband and I in a great time of need in our lives. l highly recommend this firm. Daniel Wasserberg was the most personable, caring lawyer one could ever have. He was always there for our every need with compassion, loyalty and sincerity. He truly cares about his clients. I learned to love this man as a Son.
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Nancy, New York (NY)


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