Oceanside Surgical Error Lawyer

Oceanside Surgical Error Attorney

We trust our doctors with our health—and often our very lives. When something goes wrong, the results can be disastrous. If you’ve had a recent surgery and believe the surgeon may have made an error that directly harmed your health, call an Oceanside surgical error lawyer as soon as possible.

The team at Kenneth M. Sigelman & Associates works with clients who have been the victims of surgical malpractice to get them the compensation required to move on with their lives. We have years of experience holding doctors responsible for surgical errors resulting from negligence. We can help you, too. Contact us to schedule a consultation today.

Why Hire a Surgical Error Lawyer?

If you’ve sustained harm during a surgery, you need to focus on what’s important: healing and moving on with your life. When you hire a surgical error lawyer, it frees up time and energy to focus on yourself instead of worrying about the intricate details of your surgical error case.

We understand everything there is to know about the relevant surgical error laws, including what’s considered medical malpractice, and have successfully filed many malpractice claims on behalf of our clients. Surgical error cases can be hard to prove, but we have what it takes to maximize your chances of success.

What Makes a Surgical Error Medical Malpractice?

Not every error that occurs in the operating room can be considered medical malpractice. Even highly skilled doctors sometimes make unavoidable mistakes. Medical malpractice laws are there to protect patients from substandard care, not all possible forms of error. That said, there were 287,997 instances of medical malpractice in 2023 alone.

There is one defining factor that clarifies when surgical errors rise to the level of medical malpractice, and it’s the standard of care. This states that you should receive the same level of care that would be provided by a doctor demonstrating reasonable care who has similar training and experience. If your surgeon can’t meet that standard, they have been medically negligent.

Medical negligence alone doesn’t prove malpractice in a surgical error case—you also have to suffer an injury as a result of that negligence. Generally, it’s relatively easy to show that patients were injured as a result of medical negligence, and proof of causation usually follows from proof of injury.

Common Examples of Surgical Errors

Surgical errors can occur as a result of diverse circumstances. Some of the most common causes of surgical errors include:

• Wrong-site surgeries, which account for only 6% of serious surgical errors
• Wrong-patient surgeries
• Surgical instruments left in the body post-surgery
• Incorrect dosage of anesthesia
• Infections resulting from improper sterilization
• Unaddressed internal bleeding
• Nervous system damage caused by improper technique or inattention

Common Causes of Surgical Errors

The underlying cause of surgical errors considered malpractice is usually medical negligence, but that comes in many forms. Examples of medical negligence can include:

• Inadequate preparation
• Miscommunication
• Overworked staff
• Defective equipment
• Lack of adequate post-operative care

All of these issues can come up at a major hospital like the Tri-City Medical Center.

Getting Compensation for Surgical Errors

If any of the above-described issues came up during your surgery and caused you harm, you may be able to file a surgical error claim. If successful, you’ll be compensated not just for medical expenses and lost wages but also for earning potential, pain and suffering, and emotional distress.

In some cases, patients are also awarded punitive damages. As a general rule, this only happens when surgeons are determined to have been grossly negligent in their care for a patient. One recent study identified only 142 instances of gross negligence in California surgeries over a ten-year period, although it’s important to note that reporting is voluntary.

FAQ

Q: Can You Sue for a Messed-Up Surgery?

A: You can sue for a messed-up surgery in certain circumstances. Accidents happen, and they’re not always medical malpractice. However, if a doctor’s negligence leads to a negative outcome during or after your surgery, you could have a surgical error claim. A good way to discover whether you have a case is to speak with a personal injury attorney with experience handling medical malpractice claims.

Q: How Do You Prove a Surgical Error?

A: You prove a surgical error by showing that a doctor directly responsible for providing you with care was negligent or otherwise breached their duty, that it led to direct harm to you, and that you suffered measurable consequences as a result of that harm. To accomplish this goal, you’ll need the help of an Oceanside surgical error attorney.

Q: What Should You Do if a Doctor Makes a Mistake in Surgery?

A: If a doctor makes a mistake in surgery and it leads to direct harm, you should contact a surgical error lawyer right away. You may be eligible to receive compensation for the damages incurred as a result of your doctor’s negligence. Medical malpractice cases can be hard to prove, but having an experienced lawyer on your side will increase your chances of success.

Q: Are Surgeons Liable for Mistakes?

A: Surgeons are liable for mistakes in some circumstances. If the mistake was avoidable and breached the established standard of care to which surgeons are required to hold themselves, they may be held liable for it in court. You should consult a surgical error lawyer to find out if you are eligible to receive compensation for any injuries or other damages you incurred.

Work With an Oceanside Surgical Error Lawyer

If you’ve suffered as a result of a surgeon’s malpractice, you deserve the help required to put your life back together and move on. In many cases, that requires compensation to pay for medical bills, lost wages, and other damages. You can maximize your chances of getting compensated for your injuries by working with an Oceanside surgical error lawyer.

The team at Kenneth M. Sigelman & Associates has worked with countless medical malpractice clients to help them hold surgeons and other doctors responsible for their avoidable errors. If you believe you have a case, contact us to schedule a consultation. We’ll go over the details of your case and help you decide how to proceed.