Top Lawyer to Handle Surgical Mistakes in NYC

Attorney Michael Gunzburg

Who Needs a Surgical Mistakes Lawyer in New York City?

You need a surgical mistakes lawyer if a surgeon, anesthesiologist, or surgical team's negligence caused you harm during or after a procedure. Common situations include wrong-site surgery, retained surgical instruments, anesthesia overdoses or errors, post-operative infections from unsterile conditions, nerve damage from improper technique, unnecessary procedures performed without proper diagnosis, or complications from a surgeon who was impaired, distracted, or inadequately trained. These cases happen across all five boroughs, from hospital operating rooms in Midtown Manhattan to surgical centers in Brooklyn Heights, outpatient facilities in Flushing, teaching hospitals in Fordham, and private practices in St. George. If your health worsened after surgery in ways your surgeon cannot adequately explain, or if you required additional corrective surgeries, you may have a malpractice claim.

What to Expect When You Hire Our Surgical Mistakes Lawyer

Free Case Evaluation

We review your medical records, surgical notes, and outcomes at no cost and provide an honest assessment of whether you have a viable malpractice claim under New York law.

Investigation and Expert Consultation

Our team retains board-certified surgeons, anesthesiologists, and other specialists who review every aspect of your care to identify where the surgical team deviated from accepted medical standards.

Filing Within Legal Deadlines

New York's medical malpractice statute of limitations is generally 2.5 years from the date of malpractice (or discovery under Lavern's Law for certain cases). We move quickly to preserve evidence and meet all filing deadlines, including the 90-day Notice of Claim requirement for public hospitals.

Aggressive Negotiation and Trial Preparation

Every case is prepared for trial from day one. We build the strongest possible case so that when we negotiate with hospital insurance carriers, they know we're ready to fight in court if necessary.

Maximizing Your Recovery

We pursue full compensation for past and future medical expenses, lost wages and earning capacity, pain and suffering, emotional distress, and loss of quality of life.

Benefits of Hiring Michael Gunzburg, P.C. for Your Surgical Mistake Case

Maximum Compensation for Medical Expenses, Lost Wages, and Pain and Suffering

Surgical errors often require corrective surgeries, prolonged rehabilitation, and ongoing medical care. We document every economic loss and non-economic harm to recover the full amount you deserve, including compensation for lifetime care needs when mistakes cause permanent disability.

No Upfront Costs, You Pay Nothing Unless We Win Your Case

Medical malpractice cases require significant resources, including expensive expert witnesses and extensive discovery. We handle all costs upfront on a contingency fee basis, so you can focus on your recovery while we focus on your case.

Proven Results, Over $40 Million Recovered in Medical Malpractice Cases

Our track record includes a $3.3 million settlement for a death during liposuction due to anesthesia and surgical negligence, a $1.35 million settlement for a botched orthopedic back surgery that caused permanent nerve damage and RSD, and numerous other seven-figure recoveries. We've successfully represented clients in cases involving altered medical records and hospital cover-ups.

Expert Medical Testimony to Prove Negligence and Causation

Winning a surgical mistake case requires proving that your surgeon or surgical team fell below the standard of care and that this breach directly caused your injuries. We work with respected medical experts who testify credibly about what should have happened versus what actually occurred in your operating room.

39+ Years of Trial Experience and Aggressive Representation

Michael Gunzburg has tried medical malpractice cases to verdict, argued appeals to New York's highest courts, and depositions of doctors and hospital administrators. Hospitals and their insurers know we don't back down, and that aggressive preparation leads to better settlement offers and trial outcomes.

Common Questions About Surgical Mistakes in New York City

How do I know if my surgical mistake qualifies as malpractice in New York?

A surgical mistake becomes malpractice when a surgeon, anesthesiologist, or surgical team deviates from accepted medical standards and that deviation directly causes you harm. Common examples include operating on the wrong body part, leaving surgical instruments inside your body, damaging nerves or organs through careless technique, administering incorrect anesthesia dosages, or failing to recognize and treat post-operative complications. Not every bad outcome is malpractice, surgery carries inherent risks, but if a reasonably competent surgeon would not have made the same error under similar circumstances, you likely have a claim. We consult with board-certified surgical experts who review your medical records and compare your surgeon's actions against what the standard of care required.

What is the statute of limitations for surgical error cases in New York?

You have 2.5 years from the date of the surgical malpractice to file a lawsuit in most cases. However, Lavern's Law extends this deadline for cancer misdiagnosis and certain malignant tumor cases to 2.5 years from when you discovered (or reasonably should have discovered) the malpractice, up to a maximum of 7 years after the actual error. If your surgery took place at a New York City public hospital (like Bellevue or Elmhurst), you must file a Notice of Claim within 90 days of the incident and file suit within 1 year and 90 days. Missing these deadlines often destroys your case permanently, which is why you should contact a surgical mistakes lawyer immediately after discovering harm.

Can I sue if I signed a consent form before surgery?

Yes. Consent forms acknowledge that you understand the inherent risks of a procedure, but they do not protect surgeons from negligence or substandard care. If your surgeon performed the wrong procedure, operated on the wrong site, made a preventable error, or failed to follow proper surgical protocols, the consent form does not shield them from liability. Consent also requires that you were adequately informed of risks, alternatives, and what the surgeon planned to do. If your surgeon misled you, omitted material information, or performed a procedure you didn't authorize, the consent may be invalid.

What types of surgical mistakes are most common in New York hospitals?

The most frequent surgical errors we see include wrong-site surgery (operating on the wrong body part or side), retained surgical instruments or sponges left inside the body, anesthesia errors (wrong dosage, failed intubation, failure to monitor vitals), nerve or organ damage from improper technique, post-operative infections from breaks in sterile protocol, surgical fires or burns, premature discharge without proper monitoring, and failure to recognize or treat complications like internal bleeding or sepsis. Teaching hospitals in New York sometimes see errors when inexperienced residents perform procedures without adequate supervision. These mistakes happen across all types of surgery, from routine gallbladder removals to complex spinal fusions.

How much is my surgical error case worth in New York?

Surgical mistake cases vary widely in value depending on the severity of harm, whether the error caused permanent disability or death, your age and earning capacity, and the strength of evidence proving negligence. Past settlements and verdicts in our firm have ranged from hundreds of thousands to over $3 million. Economic damages include all medical expenses (past and future corrective surgeries, rehabilitation, medications, home care), lost wages and diminished earning capacity, and out-of-pocket costs. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. New York does not cap malpractice damages except in rare circumstances. During your free consultation, we can give you a realistic assessment based on the specific facts of your case.

Do I need expert witnesses for a botched surgery case?

Yes. New York law requires that you present expert medical testimony to establish what the standard of care required, how your surgeon or surgical team deviated from that standard, and that the deviation directly caused your injuries. We retain board-certified surgeons in the relevant specialty (orthopedic, cardiothoracic, plastic, general surgery, etc.), anesthesiologists, infectious disease specialists, and other experts who review your complete medical file and provide opinions that meet legal standards. These experts often testify at deposition and trial. The cost of retaining multiple experts can easily exceed $50,000-$100,000 in complex cases, which is why choosing a law firm with the resources to front these costs is important.

What if my surgeon blames my complications on pre-existing conditions or my own behavior?

Defendants routinely argue that your injuries resulted from pre-existing health problems, non-compliance with post-operative instructions, or an "unfortunate but unpreventable" complication rather than negligence. Our experts analyze whether the surgeon properly evaluated your pre-existing conditions before recommending surgery, whether the surgical technique was appropriate given your health status, and whether the complication was truly unavoidable or resulted from substandard care. If your surgeon failed to adequately inform you of risks, obtain proper pre-operative testing, or modify their technique for your conditions, they may still be liable even if you had underlying health issues.

How long do surgical malpractice cases take in New York?

Most surgical mistake cases take 2-4 years from filing to resolution, though simple cases with clear liability sometimes settle within 18 months, and complex cases involving multiple defendants or disputed causation can take 5+ years if they go to trial and appeal. New York's medical malpractice litigation involves extensive discovery (depositions of all treating doctors, expert disclosures, review of complete hospital records), motion practice, and court-ordered settlement conferences. Many cases settle during jury selection or mid-trial once defendants see the strength of your evidence. We keep you informed throughout the process and never settle without your approval.

Areas We Serve Clients

Michael Gunzburg, P.C. represents surgical mistake victims throughout New York City, including all five boroughs. We handle cases in Manhattan (including Midtown, the Financial District, and the Upper East and West Sides), Brooklyn (including Brooklyn Heights, Park Slope, and Williamsburg), Queens (including Flushing, Astoria, and Forest Hills), the Bronx (including Fordham, Riverdale, and Mott Haven), and Staten Island (including St. George, New Dorp, and Stapleton). We also serve clients in Nassau and Suffolk Counties and throughout New York State.

Other Medical Malpractice Services We Offer

• Failure to Diagnose Cancer (Breast, Vulvar, Other Cancers)
• Birth Injuries and Cerebral Palsy
• Anesthesia Errors
• Misdiagnosis and Delayed Diagnosis
• Hospital Negligence
• Medical Malpractice

Schedule Your Free Consultation with a New York City Surgical Mistakes Lawyer

If you or a loved one suffered harm from a surgical error, you have limited time to act under New York law. Medical malpractice cases require immediate investigation to preserve evidence, interview witnesses, and retain expert witnesses before memories fade and records disappear. Michael Gunzburg, P.C. offers a free, no-obligation consultation to evaluate your case, explain your legal options, and answer all your questions. You pay nothing unless we recover compensation for you. Call 212-725-8500 today or contact us online to get started.