<!-- META: Suing Stony Brook University Hospital for surgical errors and medical malpractice on Long Island. Free consultation. Call 347-524-5777. -->

Suing Stony Brook University Hospital for Surgical Errors: The Guide

Excerpt: Stony Brook University Hospital is the largest surgical center on Long Island. If you suffered a surgical error there, this guide explains your legal rights, deadlines, and how to pursue a claim.

About Stony Brook University Hospital

Stony Brook University Hospital (SBUH), part of Stony Brook Medicine and affiliated with Stony Brook University, is the premier academic medical center on Long Island. Located in Stony Brook, Suffolk County, it is the region's only Level I trauma center and a major surgical referral center for Nassau and Suffolk counties.

With a busy surgical schedule encompassing cardiac surgery, neurosurgery, orthopedic surgery, general surgery, and many other specialties, Stony Brook handles some of the most complex surgical cases on Long Island. As a teaching hospital, it has residents and fellows involved in surgical care under the supervision of attending surgeons.

With high volume and high complexity comes increased responsibility — and when surgical errors occur, the consequences can be devastating.

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

Common Surgical Errors at Stony Brook

Wrong-Site, Wrong-Patient, and Wrong-Procedure Surgery

Despite Universal Protocol and surgical time-outs, wrong-site surgery still occurs. If a surgeon at Stony Brook 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" — an error that should never happen. If a retained object was left after surgery at Stony Brook, this may support a malpractice claim.

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

Ghost Surgery and Teaching Hospital Errors

As a teaching hospital, Stony Brook has residents and fellows involved in surgical care. If a resident performed surgery without adequate attending supervision — "ghost surgery" — the resulting injury may be the fault of both the resident and the supervising attending.

[Link to: /blog/ghost-surgery-resident-without-supervision-ny]

Organ or Vessel Injury

Accidental injury to organs or blood vessels during surgery — such as a nicked artery — can cause hemorrhage, organ damage, or death. Whether this is negligence depends on the circumstances.

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

Post-Operative Negligence

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

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 Stony Brook, 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
• The nursing staff — For failure to monitor, communicate, or follow protocols
• The anesthesiologist or CRNA — For anesthesia errors
• Stony Brook University Hospital — For staffing, credentialing, protocol, and supervision failures

Teaching Hospital Liability

As a teaching hospital, Stony Brook has a responsibility to ensure that residents and fellows are adequately supervised. Under 10 NYCRR § 405.4, attending physicians must provide appropriate supervision. If the hospital's policies or culture allowed inadequate supervision, the hospital may be liable.

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

Statute of Limitations

Stony Brook University Hospital is a public hospital — part of the State University of New York (SUNY) system. This has important legal implications:

Notice of Claim Requirement

Because Stony Brook is a state entity, a notice of claim must be served within 90 days of the incident under General Municipal Law § 50-e and Court of Claims Act § 10. This is a strict deadline — missing it can bar your claim entirely.

However, an attorney can seek leave to file a late notice of claim under GML § 50-e(5), which gives the court discretion to allow a late notice if certain factors are met. Do not assume you have missed your opportunity — but do not wait.

Statute of Limitations

• Court of Claims Act — Claims against the State of New York (including SUNY hospitals) must generally be filed within 1 year and 90 days of the incident
• CPLR 214-a — The general medical malpractice statute of limitations is 2.5 years

The interplay between these deadlines is complex. Claims against Stony Brook must be filed in the New York Court of Claims, not in regular Supreme Court. An experienced attorney is essential.

[Link to: /medical-malpractice]

Preserving Evidence at Stony Brook

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 Stony Brook immediately.

Frequently Asked Questions

How long do I have to sue Stony Brook University Hospital?

Because Stony Brook is a state entity, a notice of claim must be served within 90 days, and a lawsuit must generally be filed in the Court of Claims within 1 year and 90 days. Do not wait — consult an attorney immediately.

Is Stony Brook a public or private hospital?

Stony Brook University Hospital is a public hospital, part of the State University of New York (SUNY) system. This means special rules apply, including the notice of claim requirement and filing in the Court of Claims.

What if a resident caused my surgical injury?

As a teaching hospital, Stony Brook 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.

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.

Can I file a late notice of claim?

An attorney can seek leave to file a late notice of claim under GML § 50-e(5). Courts have discretion to allow late notices, particularly if the delay was brief and the hospital was not prejudiced. Consult an attorney immediately.

---

If you or a loved one has been affected by a surgical error at Stony Brook University Hospital, 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.