New Jersey Surgical Error Lawyer
Harmed by a Surgery Mistake? Call (732) 440-3089!
Surgical errors can be extremely obvious in some cases, while they are much more subtle in others. Sadly, even the smallest of mistakes can be deadly in the operating room. From loss of limb function and infections to wrongful death, surgical errors can have severe consequences.
If you believe a surgical error has caused you to suffer undue harm or damages, it is advised that you seek legal counsel right away. Levinson Axelrod, P.A. knows how serious these issues can be and is here to provide the representation you deserve. From start to finish, our New Jersey surgical error attorneys always keep your best interests at heart. We know how to craft effective lawsuits that result in maximum compensation for individuals injured by negligence.
We Will Handle Every Aspect of Your Case:
- Investigate your surgery and gather evidence
- Build a strong lawsuit that supports your argument
- Handle all legal documents and the filing process
- Determine if any third parties are liable
- Work to negotiate a just settlement or secure a verdict
Trust your case to Levinson Axelrod, P.A. Fill out an online form to schedule your free case evaluation with a surgical error attorney.
Common Examples of Serious Surgical Errors
Whether your surgical error seemed minor or severe, you should take immediate action if you have suffered any type of damages or additional injuries.
At Levinson Axelrod, P.A., we represent clients who have been injured by surgical errors including but not limited to:
- Anesthesia errors
- Tissue or ligament damage
- Forgotten surgical instruments left in the body
- Infection caused by negligence
- Incorrect use of surgical instruments
- Failure to consider a patient’s medical history
- Failure to recognize symptoms during operation
- Misreading lab or test results prior to surgery
- Any type of preventable damage to other body parts
- Any other error in the operating room
When you go into surgery, you are trusting that a physician or medical professional is prepared and will conduct the procedure properly and with great care. When they fail to take the appropriate actions and make a surgical error, you deserve to be compensated for your damages.
Who Is Liable for Surgical Errors?
Although the surgeon is the one who caused you injury, often the hospital at which they work will be considered liable. This is because the surgeon was acting on the hospital’s behalf, and therefore, the hospital had a duty of care to you (its patient) to provide you with reliable and attentive medical care. If a surgeon was inadequately trained or simply negligent, the hospital should have known and acted to protect its patients, including you. The same applies to clinics and other health care centers that employ surgeons.
Pursuing a Surgical Error Lawsuit in New Jersey
To bring forth a valid civil lawsuit, you will need to prove the following elements:
- A duty of care was owed to you: A “duty of care” simply means that the other party was obligated to act with care for your safety. For surgical error cases, this is most often evidenced by a doctor-patient relationship between you and the surgeon.
- The duty of care was violated: When a surgeon makes a surgical error, they have violated their duty of care to you through their negligence. As mentioned, their employer has also violated this duty by failing to protect you (the patient) from harm.
- You were injured and incurred damages: You must prove that the surgical error directly caused your injuries and damages. Often, in an attempt to shift the blame over to you, the surgeon/hospital will claim that your injuries were sustained elsewhere or that your damages were not so bad.
Hire Skilled Trial Lawyers to Fight for You
At Levinson Axelrod, P.A., we are committed to fighting for New Jersey residents harmed by negligent health care professionals. Unfortunately, it is very rare for a negligent party to own up to what they have done. Instead, they tend to deny liability and blame the victim, denying the victim their rightful compensation. We will not allow this to happen to you. Our attorneys will exhaust our extensive resources and fight tirelessly for your rights.
Over the years, we have become known as New Jersey’s premier personal injury law firm due to our detailed care and exemplary legal representation. If you have any questions about surgical errors that occurred during your procedure, we encourage you to call our skilled attorneys. With nine offices throughout the state, we proudly serve clients in Monmouth County, Somerset County, Middlesex County, and all 21 state counties.
To find out if you have a surgical error case, call us at (732) 440-3089 today.
Medical Malpractice Settlement $12,500,000
Tractor-Trailer Jury Verdict $8,000,000
A 35-year-old laborer who resides in Kearny was seriously injured while working on the median of a highway when a passing tractor-trailer lost a wheel that struck him. Evidence at trial established that after a recent tire change, the lug nuts were not properly secured by both the owner and the independent contractor who had installed the tire. Our client suffered severe head and orthopedic injuries and is now totally disabled as a result of the accident.
Premises Liability Jury Verdict $7,000,000
A woman was putting her 3-year-old son on a carnival amusement ride while holding onto a portable fence when she received an electrical shock. Our client was hospitalized and later developed Traumatic Dystonia, a condition that caused tremors in the hand and makes the fingers curl.
Personal Injury Settlement $7,000,000
A Middlesex County man was severely injured and burned as a result of a collision with a truck. The truck driver had lost control of his vehicle and had come through a median barrier which had failed to redirect the truck away from oncoming traffic. Expert testimony established that the median barrier was defective and therefore failed to protect motorist from this type of accident.
Personal Injury Jury Verdict $6,000,000
A female drunk driver crashed into plaintiff’s vehicle causing multiple fractures to the right ankle and foot. Plaintiff’s doctor testified that plaintiff would be under pain management protocol for the rest of his life due to this condition.
Tractor-Trailer Settlement $3,700,000
A Morristown woman was injured when her vehicle was struck by a tractor-trailer that lost control on black ice on Interstate 287. The defendant's truck had jack-knifed as it was changing lanes in order to avoid an earlier accident. The accident resulted in our client suffering severe head injuries.
Product Liability Jury Verdict $3,500,000
The plaintiff was injured in the products liability action when a step on his commercial truck collapsed as he was exiting his vehicle. Ronald Grayzel tried this matter before a Middlesex County jury and argued that the steps manufactured by the defendant were defective. Defendants denied this allegation and instead argued that the accident could not have occurred in the manner alleged by the plaintiff.
Personal Injury Verdict $3,200,000
Levinson Axelrod, P.A. Partner Kim Gozsa recently obtained a $3.2 million dollar verdict on behalf of a client who was injured in a slip and fall accident at an outlet shopping plaza in Jackson, New Jersey. The substantial jury award stems from a case in which Kim’s client slipped and fell on ice on a sidewalk at the Jackson Premium Outlets, an outlet shopping center in Jackson Township, New Jersey.
Personal Injury Settlement $3,000,000
A 31-year old iron worker was injured in a construction site accident when he was struck in the head by a cinder block. Despite the facts that he was wearing a hard hat at the time, the plaintiff still received a serious closed head injury resulting in both memory loss and total disability. The case was handled by both Richard Levinson and James Dunn and settled at the time of trial.
Premises Liability Jury Verdict $3,000,000
An Edison delivery man slipped on a wet floor while delivering a package. He broke his knee in the fall and suffered an injury to his spine, which in turn aggravated pre-existing conditions of incontinence and impotence which had been caused by previous injuries.
Premises Liability Jury Verdict $3,000,000
Our client, a North Plainfield man, was injured when he slipped and fell on snowy steps while exiting his building. He suffered a lumbar disc injury, requiring surgery. The jury found his landlord 100% liable for the accident for failing to clear the steps to the building.
Wrongful Death Jury Verdict $3,000,000
A worker developed asbestosis and lung cancer due to Asbestos exposure. Evidence at trial proved asbestos to be a defective product, which causes harm to workers who use it. Jury awarded the victim's widow damages for wrongful death.
Inadequate Security Jury Verdict $2,700,000
A mother of nine was shot and killed while working at a convenience store. Evidence at trial proved a lack of adequate security, including a panic button and outgoing phone line, had placed this worker at risk. Expert testimony also established that there was an increased risk of criminal activity in convenience stores which had inadequate surveillance equipment. The matter was upheld on Appeal, and settled prior to being reviewed by the New Jersey Supreme Court.
Personal Injury Settlement $2,650,000
The plaintiff sustained a traumatic amputation of one leg, and a crush injury to the opposite foot, in a construction site accident. The claim was brought against the Department of Transportation, as it had a duty to monitor safety on the work site and its failure to do so contributed to the happening of this accident.
Motorcycle Collision Settlement $2,500,000
A young man was seriously injured while riding his motorcycle to work when another driver made a left hand turn in front of him, leaving our client had no memory of the accident. He suffered a number of serious fractures and underwent multiple surgeries, leaving him with disabilities. The case settled on the second day of trial.
Personal Injury Settlement $2,500,000
Our client suffered a traumatic head injury after falling due to an unsecure railing.
Auto Accident Settlement $2,500,000
Levinson Axelrod Partner, Mark V. Kuminski represented a local Franklin Township woman who was involved in a three-car motor vehicle accident. The incident occurred when one of the drivers, later named as the defendant in the personal injury lawsuit filed by Mark and our firm, rear-ended a vehicle that had been stopped. Mark’s ability to express the full scope of damages incurred by our client, proved successful in compelling the jury to rule in our client’s favor.
Premises Liability Settlement $2,500,000
Our client was injured while delivering a 3,000 pound piece of equipment to defendant's premises. The defendant's employees were assisting our client in unloading the product when one of them prematurely activated the lift gate, causing the piece of equipment to fall and strike his legs. He suffered serious injuries to both legs, requiring multiple surgeries.
Personal Injury Jury Verdict $2,250,000
The plaintiff injured her ankle when she stepped into a cement cut out in a commercial sidewalk where a tree had been planted. The plaintiff had been walking on the sidewalk on her way to a down town holiday festival. Her attention had been distracted by a negligently placed chestnut grilling stand, thereby diverting her attention away from the cut out. The plaintiff brought claims against both the property owner and the operator of the chestnut stand.
Construction Accident Settlement $2,200,000
The plaintiff sustained a herniated disc in his lower back, for which he was required to undergo a surgical fusion. When the surgery failed to improve his symptoms, the plaintiff underwent the implantation of a spinal cord stimulator.
Levinson Axelrod, P.A. is committed to helping good people through difficult times. We build real relationships and make communication a priority to provide the best possible service and results.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Click here to learn more about these awards.