Escondido Surgical Error Lawyer

Escondido Surgical Error Attorney

Preparing to get a surgery done can be incredibly stressful and can be made even more so when the procedure is performed incorrectly. Not only are you left with avoidable symptoms, but your health may never return to what it once was, leaving you with the need for additional medical treatments, financial strain, and a surgery bill. Instead of accepting this injustice, you can pursue compensation with the help of an Escondido surgical error lawyer.

An Overview of Surgical Errors in Escondido, California

Before you go looking for an Escondido surgical error lawyer, you may benefit from learning more about surgical error cases in California, as well as how they are generally handled.

It is estimated that over 300 million surgical procedures are performed annually all across the world. The Centers for Disease Control and Prevention (CDC) recognized that, as of 2021, medical errors are the fourth most common cause of death.

With so many people getting surgeries yearly, you would expect medical professionals to have found a way to consistently avoid such fatalities, but sometimes, procedures go wrong and leave individuals and their loved ones to suffer the consequences.

In the Golden State, surgical error laws tend to fall under the umbrella of medical malpractice law. Malpractice law covers a broad range of preventable surgical mistakes, such as anesthesia errors, operating on the wrong patient or body part, causing nerve and/or organ damage, leaving foreign objects in an individual’s body, and causing infections by deviating from the standard of care.

In order to recover compensation, a person must be able to prove that the medical professional owed them a duty of care, that they breached said duty through negligence, and that their negligence was a substantial factor in causing the resulting injuries, therefore, making the victim deserving of compensation to cover the damages.

What Is Considered a Surgical Error in California?

In the state of California, there are a wide variety of surgical mishaps that may be considered a valid reason to pursue compensation, including the following examples:

• Anesthesia errors. If a medical professional administers an incorrect dosage of anesthesia or fails to properly monitor the patient while they are under anesthesia, they may be held liable.
• Damage to the nerves or organs. Unintentionally cutting or damaging any vital bodily structures during a procedure can leave a patient permanently altered, allowing them to pursue damages for the negligent care they received and the suffering they have endured as a direct result of such negligence.
• Inadequate care. There are several ways care may be carried out inadequately, including poor pre-operative preparation and neglected post-operative care, both of which can lead to ongoing complications for the patient.
• Infections. Often directly resulting from a lack of proper hygiene or sterilization during a procedure, infections can have long-lasting repercussions that can harm patients, even potentially leaving their health worse off than they were prior to the surgery.
• Foreign objects left in the body. Whether it is forgetting a surgical instrument inside a patient’s body after surgery or losing something like a wedding ring, leaving foreign objects inside a patient’s body is always grounds for a malpractice case in the state of California.
• Wrong-site or wrong-patient surgery. Operating on the incorrect patient or the wrong body part can cause extreme damage to the subject of the surgery, as well as leave the original issue unaddressed. In fact, cases of operating on the wrong patient can include two plaintiffs: the person who needed the surgery and did not get it, and the individual who received the wrong surgery.

Why Should I Hire a Surgical Error Lawyer in Escondido, California?

When you hire a surgical error lawyer, they can represent you both inside and outside of the court. Some medical malpractice cases can be settled without the additional involvement of the California court system, but others may require outside help.

If your case falls into the latter category, you may end up spending time at the North County Regional Center (Superior Court of California – County of San Diego). Your lawyer can help you get scheduled, as well as guide you through your time in court from start to finish.

Why Should I Choose Kenneth M. Sigelman & Associates to Represent Me?

Kenneth M. Sigelman & Associates is a law firm that prioritizes personalizing your needs, preparing a strong case, and treating all of their clients with respect and compassion. When you seek our guidance, we can work hard to advocate for your needs, desires, and the justice you deserve. Instead of adding stress to your life by handling a surgical error case by yourself, allow us to take care of you while you focus on what matters most: your health.

FAQs

Can You File a Claim for a Surgical Error in California?

Yes, it is your legal right to file a claim against a surgeon and/or medical institution if you are the victim of a surgical error in California. Medical professionals are held to a high standard of care, and if that standard is violated in any way, you have the ability to pursue compensation for the damages that result from the error.

What Kind of Evidence Should Be Presented in a Medical Malpractice Case in California?

Medical malpractice evidence can come in many forms, but one of the most influential kinds of evidence is the testimony of another qualified medical professional. This shows that the medical field does not endorse the kind of treatment you have been subjected to, as well as pointing out that you were, in fact, the victim of a negligent surgical error.

How Long Will My Surgical Error Malpractice Case Take to Resolve in California?

Surgical error malpractice cases tend to vary due to unique variables, and the amount of time each case requires often mirrors this fact. The availability of your local courthouse, as well as the other parties involved in your case, can influence your overall timeline. One of the ways you can work to keep your schedule on track is to hire a surgical error lawyer, who can help protect you from unnecessary setbacks, thereby promoting progress and success.

What Kind of Medical Malpractice Damages Deserve Compensation in California?

When it comes to damages that you can pursue compensation for, medical malpractice cases usually include medical expenses, pain and suffering, lost wages, and, in cases of wrongful death, loss of companionship. However, California’s Medical Injury Compensation Reform Act (MICRA) notably caps non-economic damages for non-fatal cases at a set amount, which is adjusted annually.

Get More Information Today

You do not need to face the overwhelming task of getting justice and compensation for your surgical error alone. Contact Kenneth M. Sigelman & Associates today to schedule a consultation, and let us help you pursue your desired outcomes.