Santa Ana Surgical Error Lawyer

Santa Ana Surgical Error Attorney

When you put your health in the hands of a surgeon, you trust that they will uphold the highest standard of care, and when that doesn’t happen, you may find yourself in need of a Santa Ana surgical error lawyer. The consequences of surgical errors can be devastating.

If you or someone you love has suffered due to a surgical mistake in Santa Ana, you may be entitled to significant compensation. Our experienced Santa Ana surgical error lawyers are here to help you seek justice and hold negligent parties accountable.

Why Choose Our Santa Ana Surgical Error Lawyers?

When your health and future are at stake, you need a law firm with a track record of success, deep legal knowledge, and compassion for your situation. At Kenneth M. Sigelman & Associates, our clients trust us based on our proven results, experience, personalized attention we give to each case, and our aggressive advocacy strategies. Let us help you like we have done for so many before.

What Is Considered a Surgical Error?

Not every poor outcome from surgery qualifies as malpractice. But when a preventable mistake occurs due to negligence, inattention, or incompetence, it may be grounds for legal action. Common examples of surgical errors include:

• Wrong-site surgery: Operating on the wrong body part or the wrong patient
• Retained surgical instruments: Leaving tools, sponges, or other items inside the body
• Anesthesia errors: Overdose, underdose, or failure to monitor the patient
• Infection due to unsterile conditions
• Organ or nerve damage caused by surgical negligence
• Unnecessary surgery or failure to perform indicated surgery
• Failure to obtain informed consent from the patient

Each of these errors can lead to severe consequences and may form the basis of a strong malpractice claim.

Why You Need a Surgical Error Lawyer

Surgical errors are among the most serious forms of medical malpractice. They often result in long-term or permanent injuries, additional surgeries, emotional trauma, lost wages, and staggering medical bills. In the worst cases, they can be fatal.

Pursuing compensation in a surgical error case is complex. Hospitals and their insurance companies have legal teams ready to protect their interests. You need an advocate in Santa Ana who understands both the legal and medical intricacies involved and who will fight tirelessly for your rights.

Do You Have a Case?

To bring a successful surgical error claim in California, you must prove the following:

1. A doctor-patient relationship existed: You hired the surgeon and expected competent care.
2. The surgeon acted negligently: They failed to meet the standard of care that a reasonably competent surgeon would have provided.
3. That negligence caused your injury: The error must be the direct cause of harm.
4. You suffered damages: These may include medical expenses, pain and suffering, lost income, and more.

Get Legal Help Today.

Our experienced surgical error lawyers are here to fight for the compensation you deserve.

Call us at: (619)238-3813

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What Compensation Can You Recover?

Victims of surgical errors may be eligible to recover compensation for a wide range of damages, including:

• Medical expenses: Including additional surgeries, medications, rehabilitation, and future medical care
• Lost wages: For time missed from work or loss of future earning capacity
• Pain and suffering: Physical pain, emotional distress, and diminished quality of life
• Loss of consortium: If the error affects your relationship with a spouse
• Punitive damages: In cases of gross negligence or intentional harm
• Wrongful death damages: If a loved one died due to a surgical mistake

Each case is unique, and we will fight for the maximum compensation available under the law.

Surgical Error Statistics

Nationally, wrong-site surgeries were reported as sentinel events in 2023, with 112 such incidents recorded. This equates to a 26% increase from the previous year. These events resulted in outcomes ranging from severe, temporary harm to unexpected additional care or extended stays.

Between 2007 and 2017, California reported 142 surgical events to the California Department of Public Health. The most common types included retained foreign objects, followed by wrong-site or wrong-patient surgeries. Hospitals with higher surgical volumes tended to report more of these events, suggesting that larger facilities may have more opportunities for errors, though this does not necessarily indicate systemic failure.

Statute of Limitations

California law imposes firm deadlines, known as statutes of limitations, for filing surgical error claims. In most cases, you have one year from the date you discovered the injury or three years from the date of the surgery, whichever comes first. However, exceptions may apply in certain cases involving minors or delayed discovery.

FAQs

How Much Are Most Medical Malpractice Settlements?

Most medical malpractice settlements vary widely, depending on the severity of harm, type of negligence, and long-term impact on the patient. Typically, cases involving permanent injury or death result in higher settlements. Many cases are resolved out of court, with compensation covering medical costs, lost wages, and pain. Legal representation often influences the outcome significantly.

How Much Can You File a Claim for Medical Malpractice in California?

In California, the amount you can file a claim for in medical malpractice cases depends on the type of damages. Compensation for economic losses like medical bills and lost wages is unlimited. However, non-economic damages like pain and suffering have a legal cap, which varies based on the circumstances and type of defendant involved in the case.

What Is the Difference Between Malpractice and Negligence?

Malpractice and negligence both involve a failure to meet standards of care, but differ in context. Negligence is a general failure to exercise reasonable care, causing harm. Malpractice is a type of negligence specific to professionals, like doctors or lawyers, where they fail to meet the standards of their profession, resulting in harm to a client or patient.

How Do You File a Medical Malpractice Claim in California?

To file a medical malpractice claim in California, first consult a medical malpractice attorney experienced in malpractice law. Obtain your medical records and professional opinions supporting negligence. California has a time limit before filing a claim. The statute of limitations is one year from discovery or three years from the injury. File the complaint in civil court and prepare for potential settlement or trial.

Contact Us Today

If you or someone you love has suffered due to a surgical error, don’t wait to get in touch with us. The Santa Ana surgical error lawyers at Kenneth M. Sigelman & Associates are well-versed in California law and have substantial experience dealing with cases just like yours. Contact us today.