Surgical Error Lawyer – New York Medical Malpractice

Surgery always carries some risk—but when a surgeon, anesthesiologist, or hospital staff makes a preventable mistake, the harm can be life-changing. If you or a loved one suffered because of a surgical error, our NYC surgical malpractice lawyers will fight to hold the responsible parties accountable and pursue the compensation you deserve.



We handle cases across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and Long Island, bringing decades of experience in New York medical malpractice law to every claim.

Neglect occurs when staff fail to provide the basic care and attention a resident needs to stay healthy and safe. This isn’t about isolated mistakes—it’s an ongoing pattern of inattention or poor practices. Common examples include:

Hand holding a scalpel, making an incision.

When Surgery Goes Wrong

Most surgeons and operating room teams follow strict protocols to protect patients. But when these protocols are ignored or mistakes are made, the consequences can be severe—organ damage, permanent disability, infections like sepsis, or even wrongful death.



Our team works with leading medical experts to determine whether your injury was the result of an unavoidable complication or a clear deviation from the accepted standard of care.

Common Surgical Errors

Surgical negligence can take many forms, including:

Operating room equipment: adjustable lamp over a surgical table.

Wrong-Site Surgery

Operating on the wrong limb or organ.

Person with stitches and scalpel.

Wrong Procedure or Patient 

A rare but devastating error.

Syringe icon, needle pointing down.

Anesthesia Mistakes

Too much or too little anesthesia, failure to monitor oxygen levels, or allergic reaction oversight.

Outline of a rocket with smoke trail.

Retained Surgical Instruments 

Sponges, clamps, or tools left inside the patient’s body.

Black and white illustration of lungs with a virus symbol, suggesting respiratory infection.

Nerve or Organ Damage

Caused by inattention, poor technique, or rushed procedures.

Each of these errors is preventable when proper systems and attention to detail are in place.

Consequences of Surgical Negligence

The aftermath of a surgical error often means more surgery, longer hospital stays, chronic pain, or permanent disability. In severe cases, victims may lose the ability to work or require lifelong medical care. These aren’t just medical problems—they’re financial and emotional burdens your family should not bear alone.

Stethoscope on top of paperwork with a pen.

Building a Strong Case

Not every bad surgical result is malpractice—but if a mistake happened because the medical team deviated from standard protocols, you may have a claim. We review surgical records, anesthesia logs, operative reports, and hospital policies with the help of independent experts to pinpoint exactly what went wrong.


Who Can Be Held Liable?

Sometimes, the hospital is directly responsible—such as when the error results from poor staffing, unqualified personnel, or systemic failures. Other times, the surgeon or anesthesiologist may carry individual liability through their malpractice insurance. Our role is to identify every accountable party to maximize your recovery.

Two overlapping speech bubbles, one with a question mark.

Frequently Asked Questions

  • Can I sue if I just had a bad outcome?

    Only if the poor outcome was caused by a preventable mistake that deviated from accepted medical standards—not simply because the surgery was unsuccessful.

  • What if I didn’t notice the problem until weeks later?

    You may still have a case. Many surgical errors aren’t discovered immediately. Contact an attorney as soon as you suspect malpractice so evidence can be preserved.

Let's Talk

Talk to a New York Surgical Malpractice Lawyer Today

If something went wrong in the operating room and you believe it could have been avoided, contact us immediately. We’ll review your case for free, connect with medical experts, and fight to hold negligent providers accountable.