Buffalo Surgical Error Lawyer: Seeking Justice in Western New York

Common Surgical Errors in Buffalo Hospitals

Surgical errors that may support a malpractice claim include:

• Wrong-site surgery: Operating on the wrong body part, side, or patient. [Link to: /medical-malpractice/wrong-site-surgery]
• Retained surgical objects: Leaving sponges, instruments, or other items inside the patient. [Link to: /medical-malpractice/retained-surgical-object]
• Organ or bowel perforation: Accidental injury to adjacent organs during surgery. [Link to: /surgical-errors/laparoscopic-bowel-perforation]
• Nerve damage: Injury to nerves causing paralysis, numbness, or chronic pain. [Link to: /surgical-errors/nerve-damage]
• Anesthesia errors: Incorrect dosage, failure to monitor, delayed intubation. [Link to: /medical-malpractice/anesthesia-error]
• Post-operative bleeding: Failure to control bleeding or recognize hemorrhage. [Link to: /surgical-errors/post-operative-hemorrhage]
• Surgical site infections: Failure to maintain sterile technique or treat infection promptly.
• Failure to obtain informed consent. [Link to: /surgical-errors/informed-consent]
• Spinal fusion errors: Wrong-level surgery, improper hardware, nerve damage. [Link to: /medical-malpractice/spinal-fusion-error]
• Robotic surgery errors. [Link to: /surgical-errors/robotic-surgery-malpractice]

Buffalo-Area Hospitals

Buffalo-area patients typically receive surgical care at one of several major hospitals:

• Kaleida Health Hospitals: Buffalo General Medical Center, Millard Fillmore Suburban Hospital, DeGraff Medical Park, and Oishei Children's Hospital. Kaleida Health is the largest healthcare system in Western New York.
• Roswell Park Comprehensive Cancer Center: A National Cancer Institute-designated comprehensive cancer center specializing in cancer surgery.
• Catholic Health Hospitals: Mercy Hospital of Buffalo, Sisters of Charity Hospital, Kenmore Mercy Hospital, and Mount St. Mary's Hospital.
• Erie County Medical Center (ECMC): A public hospital and Level I trauma center. ECMC is a municipal hospital — claims may be subject to specific notice requirements.
• Buffalo VA Medical Center: Veterans Affairs hospital. Claims against the VA are subject to federal tort claims procedures. [Link to: /medical-malpractice/va-malpractice]

Private vs. Municipal Hospital Claims

An important legal distinction for Buffalo-area patients:

Private hospitals (Kaleida Health, Catholic Health, Roswell Park): The General Municipal Law § 50-e Notice of Claim requirement does not apply. The statute of limitations is 2.5 years under CPLR § 214-a.

Municipal hospitals (ECMC): A Notice of Claim may be required within 90 days under GML § 50-e, and the statute of limitations may be shortened to 1 year and 90 days under GML § 50-i.

VA hospitals (Buffalo VA): Claims are governed by the Federal Tort Claims Act (FTCA), which has different procedural requirements — including a 2-year statute of limitations and a mandatory administrative claim process.

An experienced attorney can determine the correct procedural requirements and deadlines for your specific case. [Link to: /surgical-errors/statute-of-limitations]

Building Your Buffalo Surgical Error Case

To build a successful surgical error case, MDLaw Firm will:

1. Obtain complete medical records: Pre-operative records, operative reports, anesthesia records, nursing notes, post-operative records, and imaging studies.

2. Review the operative report: Expert review for discrepancies, omissions, or signs of substandard care.

3. Engage surgical experts: Board-certified surgeons in the relevant specialty review the records and provide opinions on the standard of care and causation.

4. Identify all liable parties: The surgeon, anesthesiologist, nurses, and hospital corporation.

5. Establish causation and damages: Expert testimony linking the surgical error to the injury, and documentation of all medical expenses, lost wages, pain and suffering, and future care needs.

6. File the lawsuit with a certificate of merit: Under CPLR § 3012-a. [Link to: /medical-malpractice/certificate-of-merit]

New York Statute of Limitations

Under CPLR § 214-a, the statute of limitations is 2.5 years from the date of the surgery. The continuous treatment doctrine may extend the deadline if you continued receiving treatment from the same provider for the same condition. The foreign object exception gives you 1 year from discovery of a retained surgical object. For municipal hospital claims (ECMC), a Notice of Claim may be required within 90 days. For VA claims, the FTCA 2-year deadline applies. [Link to: /surgical-errors/statute-of-limitations]

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.