Urology Malpractice

A urologist is a doctor who specializes in treating diseases of the urinary tract in both men and women, as well as conditions affecting the male reproductive system. When a urologist fails to provide proper care, the consequences can be severe and life-altering, potentially affecting patients' quality of life, reproductive health, and overall well-being.

According to comprehensive research, most urologists can expect to be sued at least twice in their professional careers, with 49% of board certification candidates reporting a claim against them. The likelihood of being sued increases with practice length, with 77% of top-rated urologists reporting having been sued at least once. Recent survey data indicates that 63% of urologists report being named in a malpractice lawsuit, with an average of 2.1 lawsuits per urologist who has been sued.

A study of 469 consecutive urology malpractice cases revealed total losses exceeding $99 million, with the average indemnity payment increasing by 191% after adjusting for inflation. The most frequent malpractice claims in urology involve postoperative events, followed by intraoperative errors and failures to diagnose serious conditions.

If you or a loved one have suffered harm due to the negligence of a urologist in New York, the experienced medical malpractice attorneys at the Porter Law Group are here to help.

New York Urology Malpractice Attorneys

The Porter Law Group is dedicated to protecting the rights of patients who have been injured by urology malpractice. Our skilled attorneys have extensive experience handling complex medical malpractice cases and are committed to fighting for the compensation our clients deserve.

New York medical malpractice settlements average approximately $446,000, substantially higher than the national average of $242,000. Recent significant urology awards include a $4.375 million settlement for improper treatment resulting in penile abscess and partial paralysis, and a $3.6 million verdict for a torn urethra during cystoscopy.

We work on a contingency fee basis, so there are no fees unless we win your case. Contact us today to schedule a free consultation at 833-PORTER9 or email info@porterlawteam.com.

What is Urology?

Urology is a specialized field of medicine that focuses on the male reproductive system and the urinary tract in both men and women. Urologists are responsible for diagnosing and treating a wide range of conditions, including:

• Prostate cancer and benign prostatic hyperplasia
• Bladder cancer and urinary tract infections
• Testicular cancer and male infertility
• Kidney cancer and kidney stones
• Urinary incontinence and voiding dysfunction
• Erectile dysfunction and sexual dysfunction
• Male infertility and reproductive disorders

What is Urology Malpractice?

Urology malpractice is a type of medical malpractice that occurs when a urologist fails to perform their duties with the required professional standard of care. Claims related to prostatectomy involve the most expensive settlements with a mean cost of $185,345, while endourological procedures result in the greatest incidence of surgical claims.

Common Types of Urology Malpractice

Diagnostic Errors - The most frequent source of claims:

• Misdiagnosis or delayed diagnosis of serious conditions like prostate, bladder, kidney, or testicular cancer
• Failure to diagnose conditions - accounting for 60 cases in major studies
• Missing early-stage cancers due to inadequate screening protocols
• Delayed recognition of urological emergencies

Surgical Errors and Complications:

• Postoperative events -  the most common category, with 101 recorded claims
• Intraoperative events - including injuries to organs and excessive bleeding (96 cases)
• Surgical errors during procedures such as vasectomies, prostate surgeries, or nephrectomies
• Foreign body left following surgery (20 cases in major studies)
• Robotic surgery complications including positioning-related injuries

Procedural Complications:

• Endourological procedure errors - highest incidence of surgical claims
• Cystoscopy complications including urethral tears and perforations
• Ureteral stent placement injuries
• Stone extraction complications

Care Management Failures:

• Failure to properly monitor patients post-surgery
• Inadequate postoperative care leading to complications
• Medication administration errors (21 cases in studies)
• Failure to obtain informed consent before performing procedures

High-Risk Areas

Prostate-Related Procedures - These are associated with the most expensive malpractice settlements due to complications such as:

• Rectal injury during prostatectomy
• Complete erectile dysfunction and urinary incontinence
• Unnecessary prostate surgery leading to permanent complications

Robotic Surgery - While complication rates are generally acceptable, specific risks include:

• Console times exceeding 4 hours increasing complication rates
• Steep learning curves for new practitioners
• Compartment syndrome from prolonged positioning

What Damages Can Be Recovered by Victims of Urology Malpractice?

New York does not cap damages in medical malpractice lawsuits, meaning plaintiffs can seek full compensation without statutory limitations. Victims of urology malpractice may be able to recover financial compensation for:

Economic Damages

• Medical bills (past and future)
• Additional treatment costs due to complications
• Lost wages and earning capacity
• Rehabilitation and long-term care expenses

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Reduced quality of life
• Sexual dysfunction and loss of fertility
• Incontinence and related complications

Specific Urology-Related Damages

• Poorer prognosis and more extensive treatment for cases of misdiagnosis
• Incontinence, impotence, or infertility from surgical errors
• Loss of reproductive function
• Ongoing urological complications

Proving Urology Malpractice

To establish urology malpractice in New York, plaintiffs must prove four essential elements:

1. Professional Duty of Care - A doctor-patient relationship existed.
2. Breach of Duty - The urologist failed to meet accepted standards.
3. Causation - The breach directly caused the patient's injuries.
4. Damages - The patient suffered actual harm requiring compensation.

Studies show that 90.4% of sexual dysfunction-related urology malpractice cases favor the defendant urologist, making expert testimony crucial. Research indicates that urology malpractice cases take an average of 3.8 years to settle, requiring experienced legal representation to navigate the complex timeline.

Legal Framework in New York

Statute of Limitations

Urology malpractice claims in New York are subject to two years and six months (30 months) from the date of the alleged malpractice or from the end of continuous treatment for the same condition. The continuous treatment doctrine extends the statute of limitations when there is ongoing treatment for the same condition, which is particularly relevant in urology practice where patients often receive ongoing care for chronic conditions.

Lavern's Law Application

Lavern's Law, enacted on January 31, 2018, significantly impacts urology malpractice cases involving cancer misdiagnosis. This law is particularly relevant to urologists who frequently encounter prostate cancer, bladder cancer, kidney cancer, and testicular cancer. Under Lavern's Law, patients have 2.5 years from when they discover the cancer misdiagnosis, with an overall cap of seven years from the malpractice date.

Certificate of Merit Requirement

All urology malpractice complaints in New York must be accompanied by a Certificate of Merit. This certificate must certify that the plaintiff's attorney consulted with at least one licensed physician who concluded that the case has merit and that the healthcare provider deviated from acceptable medical practices.

Frequently Asked Questions

Q: What is the most common cause of urology malpractice claims? 

Postoperative complications represent the greatest number of claims (101 cases in major studies), followed by intraoperative events (96 cases) and failure to diagnose conditions (60 cases).

Q: How long do I have to file a urology malpractice lawsuit in New York? 

Generally, you have 2.5 years from the date of malpractice or end of continuous treatment. For urological cancer misdiagnosis, Lavern's Law extends this to 2.5 years from discovery, with a seven-year overall cap.

Q: Can I sue if my prostate surgery resulted in erectile dysfunction? 

Yes, if the dysfunction resulted from negligent surgical technique or inadequate informed consent. Prostatectomy cases involve the most expensive settlements, with a mean cost of $185,345.

Q: What if my urologist missed my cancer diagnosis?

Cancer misdiagnosis is a common source of urology claims. Under Lavern's Law, you have extended time to file if the cancer was missed, particularly for prostate, bladder, kidney, or testicular cancers.

Q: How much can I recover in a urology malpractice case? 

New York has no damage caps. Recent cases include $4.375 million for improper treatment and $3.6 million for cystoscopy complications. Sexual dysfunction cases median at $335,000, with the highest case reaching $12.25 million.

Q: What if I suffered complications during robotic surgery? 

Robotic surgery carries specific risks including positioning injuries and complications from extended console times. If complications resulted from negligent technique or inadequate experience, you may have a valid claim.

Q: Can I sue for complications after endourological procedures? 

Yes. Endourological procedures result in the greatest incidence of surgical claims in urology. Common procedures with claims include cystoscopy with stent placement and ureteroscopic lithotripsy.

Q: What if my urologist left a foreign object inside me? 

Foreign body left following surgery represents a significant category of urology claims (20 cases in major studies). This is typically considered clear malpractice with strong potential for recovery.

Q: Do I need an expert witness for my urology malpractice case? 

Yes. New York requires a Certificate of Merit from a qualified physician with urology expertise, and expert testimony is essential due to the technical nature of urological procedures.

Q: What if multiple doctors were involved in my urological care? 

You can potentially sue multiple providers if they all contributed to your harm, including urologists, anesthesiologists, nurses, and hospitals involved in your treatment.

Injured by Medical Malpractice in New York?

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Why Choose the Porter Law Group

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.  

You only get one chance to hire the best lawyer for you and your family.  Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results. 

When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need. 

Contact a New York Urology Malpractice Lawyer

At The Porter Law Group, we understand the devastating impact that urology malpractice can have on patients and their families. The complex nature of urological medicine and the need for specialized expert testimony requires experienced legal representation to navigate these challenging cases successfully.

Our experienced medical malpractice lawyers have recovered millions of dollars for medical malpractice victims in New York. We work with board-certified medical professionals who can review your test results and medical records, determine if your injuries could have been prevented, and testify in court on your behalf.

Given the substantial awards possible in urology malpractice cases and the technical complexity involved, it's crucial to have experienced legal representation that understands both the medical and legal aspects of urological care. Medical malpractice insurance rates in New York tend to be 20-50% higher than in other states, reflecting the challenging legal environment and substantial exposure urologists face.

If you or a loved one has been a victim of urology malpractice in New York, do not hesitate to contact the Porter Law Group for help. Call us at 833-PORTER9 or email info@porterlawteam.com to schedule a free consultation and learn more about how we can assist you in your pursuit of justice and fair compensation.

*Prior results do not guarantee a similar outcome.