Wrong Surgery Lawsuit in New York: Can You Sue?

Yes. If a surgeon operated on the wrong body part, performed the wrong procedure, or operated on the wrong patient in NY, you may have a medical malpractice claim. NY law requires filing within 2.5 years of the act or omission under CPLR §214-a.

Reviewed by Laurence P. Banville, Esq. Last updated July 2026

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Laurence P. Banville, New York personal injury attorney

Laurence P. Banville Managing Partner · NY & D.C. Bars

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Reviewed by Laurence P. Banville, Esq.

Managing Partner, Banville Law · New York & D.C. Bars

Laurence Banville is a New York personal injury attorney and the Managing Partner of Banville Law. Born in County Wexford, Ireland, he earned his law degree summa cum laude from University College Dublin and once defended insurance companies in product-liability litigation — experience he now uses for injured New Yorkers. He has been named to the Irish Legal 100 and the Irish Echo’s Top 40 Under 40, and is an AVVO Rated attorney.

NY Bar D.C. Bar Irish Legal 100 AVVO Rated AAJ Member

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