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Suing Maimonides Medical Center for Surgical Negligence

Excerpt: Maimonides Medical Center is one of Brooklyn's busiest surgical centers. If you suffered a surgical error there, this guide explains your legal rights, deadlines, and how to pursue a claim.

About Maimonides Medical Center

Maimonides Medical Center, located in Borough Park, Brooklyn, is one of the largest hospitals in New York City. With a Level I trauma center, a Level III NICU, and busy surgical services across multiple specialties, Maimonides handles a high volume of surgical cases each year — including cardiac surgery, neurosurgery, orthopedic surgery, general surgery, and bariatric surgery.

With high volume and high complexity comes increased responsibility. When surgeons, nurses, or the hospital itself fail to meet the standard of care during surgery or post-operative care, the consequences can be devastating: organ injury, hemorrhage, infection, permanent disability, or death.

If you or a loved one suffered a surgical error at Maimonides Medical Center, this guide explains your legal rights.

[Link to: /medical-malpractice/surgical-errors]

Common Surgical Errors at Maimonides

Wrong-Site and Wrong-Procedure Surgery

Despite Universal Protocol and surgical time-outs, wrong-site surgery still occurs. If a surgeon at Maimonides operated on the wrong body part, the wrong side, or performed the wrong procedure, this is clear negligence.

[Link to: /medical-malpractice/wrong-site-surgery]

Retained Surgical Objects

Leaving surgical instruments, sponges, or other objects inside the patient is a "never event." If a retained object was left after surgery at Maimonides, this may support a malpractice claim.

[Link to: /medical-malpractice/retained-surgical-object]

Organ or Vessel Injury

Accidental injury to organs or blood vessels during surgery — such as a nicked artery or bile duct injury — can cause hemorrhage, organ damage, or death.

[Link to: /blog/nicked-artery-during-surgery-malpractice-or-known-risk]

Bovie Burns

Electrosurgical (Bovie) burns from improper grounding pad placement or equipment malfunction can cause severe burns to the patient.

[Link to: /blog/bovie-cautery-burns-electrosurgical-negligence]

Post-Operative Negligence

Failure to monitor the patient after surgery, failure to recognize complications (such as bleeding, infection, sepsis, or compartment syndrome), or premature discharge may constitute negligence.

[Link to: /blog/post-surgical-sepsis-failure-to-monitor-malpractice]

Anesthesia Errors

Errors in anesthesia administration — including over-sedation, failure to intubate, or medication errors — can cause brain damage, cardiac arrest, or death.

[Link to: /medical-malpractice/anesthesia-errors]

Who Can Be Held Liable?

In a surgical error case at Maimonides, potential defendants include:

• The attending surgeon — For technical errors, judgment errors, or failure to supervise
• The resident or fellow — If they performed beyond their competence (ghost surgery)
• The nursing staff — For failure to monitor, communicate, or follow protocols
• The anesthesiologist or CRNA — For anesthesia errors
• The hospital — For staffing, credentialing, protocol, and supervision failures

[Link to: /medical-malpractice/hospital-negligence]

Statute of Limitations

Maimonides Medical Center is a private hospital:

• No notice of claim required — Unlike NYC Health + Hospitals facilities
• CPLR 214-a — 2.5 years from the date of the malpractice
• Continuous treatment doctrine — May extend the deadline if you continued receiving treatment from the same provider for the same condition

[Link to: /medical-malpractice]

Preserving Evidence at Maimonides

Critical evidence includes:

1. Operative reports — Documenting the surgical approach and any complications
2. Anesthesia records — Documenting medication administration and vital signs
3. Nursing notes — Pre- and post-operative care
4. Imaging studies — CT, MRI, or X-ray showing the injury
5. EMR audit trail — Electronic log of who accessed or modified records
6. Surgical counts — Documenting instrument and sponge counts

Your attorney should send a formal preservation letter to Maimonides immediately.

Frequently Asked Questions

How long do I have to sue Maimonides for surgical negligence?

Under CPLR 214-a, the deadline is generally 2.5 years from the date of the malpractice. The continuous treatment doctrine may extend this if you continued receiving treatment from the same provider.

Is Maimonides a public or private hospital?

Maimonides Medical Center is a private, nonprofit hospital. No notice of claim is required, and the standard statute of limitations applies.

What if my surgeon has privileges at Maimonides but isn't employed by the hospital?

Both the individual surgeon and the hospital may be liable. The hospital may be liable under theories of negligent credentialing or vicarious liability, even if the surgeon is an independent contractor.

What evidence do I need for a surgical error case?

The operative report, anesthesia records, nursing notes, imaging studies, and EMR audit trail are the most critical pieces of evidence. Your attorney will obtain these through a formal records request.

What if the error was by a resident?

As a teaching hospital, Maimonides has residents involved in surgical care. If a resident caused your injury, both the resident and the supervising attending may be liable, as well as the hospital.

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If you or a loved one has been affected by surgical negligence at Maimonides Medical Center in Brooklyn, contact MDLaw Firm at 347-524-5777 for a free consultation.

This article is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. No attorney-client relationship is created by reading this article or contacting MDLaw Firm.