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During gynecologic surgery, lower urinary tract injury is uncommon. Bladder injuries are the most frequent urologic injury inadvertently caused by a surgeon and are usually recognized and repaired immediately. Potential complications are typically minor. However, ureteral injuries typically are not recognized immediately and have the potential to be life-threatening or to result in permanent damage.
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Possible Complications
The failure to safeguard the ureter during a hysterectomy can result in severe permanent damage. Complications include:
- obstruction of the urine flow
- leakage of urine into the abdominal and pelvic cavities
- kidney damage
- Infection
- post-operative complications requiring more urologic procedures
- multiple corrective surgeries
Determining Medical Malpractice
Just as with any type of surgery or medical procedure, the doctor performing the procedure is expected to adhere to generally accepted medical “standards of care.” If the doctor departs from the generally accepted standard of care, and you are injured as a result, it may be grounds for a medical malpractice claim or lawsuit.
Any of the following could be considered a breach of the standard of care pertaining to circumcision procedures:
- Improper use of surgical tools
- Inadequate supervision during the procedure
- Inadequate training to properly perform the procedure
- Negligence during the operation, such as intoxication
- Improper care after the procedure
- Failure to properly safeguard the ureter during the procedure
In order to move forward with a lawsuit if your ureter has been cut during a hysterectomy, our medical attorneys will need to assess whether medical malpractice has occurred. Your case can be considered malpractice if the injury to your ureter occurred due to your surgeon’s failure to follow accepted practices during your hysterectomy.
How Much Is A Medical Malpractice Settlement In New York?
More than 1,000 medical malpractice claims were filed in New York state in 2022, with an average of $474,000 awarded to the injured party.
To determine if your case constitutes malpractice, our team will consult with top medical specialists in the field, who will review the facts of your case and give their expert opinions.
What Are Punitive Damages For Medical Malpractice In NY?
In New York, courts have held that punitive damages can be appropriate when there’s clear and convincing evidence that a defendant’s conduct exhibits: Willful or wanton negligence, or. A high degree of moral turpitude.
How Much Are Most Medical Malpractice Settlements?
The average payout in a medical malpractice lawsuit in the U.S. is somewhere $242,000, as we said above. The median — as opposed to the average – value of a medical malpractice settlement is $250,000. The average jury verdict in malpractice cases won by the plaintiff is just over $1 million.
Medical Malpractice No Fault Systems
Compensation programs devoid of reliance on negligence determinations are commonly known as “no-fault” systems. In contrast to fault-based models, where claimants must substantiate a duty of care, negligence in duty performance, and injuries resulting from negligence, no-fault systems eliminate the necessity of proving negligence. The workers’ compensation schemes implemented across all states serve as an illustration of the no-fault model.
How Can A New York Medical Malpractice Attorney Help?
Top-Rated Law Firm Karasik Law group just closed a case involving a perforated urethra during a hysterectomy for $225,000.00. Let us fight for you to get the compensation you deserve. Call us today to set up your Free Consultation: 718-502-9112 and be sure to visit our website at www.karasiklawyers.com. At Karasik Law Group, winning matters. Win with us! We speak for the injured; our results speak for themselves.