Surgery should never be a death sentence. Patients put their lives into the care of medical professionals. Errors in surgery are still common, however. When you or your loved one is injured or killed by a surgical error, the surgical error lawsuit process in California may seem confusing as you focus on recovering from pain and injuries, face medical bills and time away from work, and have concerns about the future.

With the proper legal representation, though, injured patients can seek justice by having their attorney pursue a case against the negligent providers.

Initial Consultation

The first step in a California surgical error claim is the initial consultation with an attorney. At this meeting, you will go over what happened, provide medical records, and discuss whether you have a claim.

A capable attorney can question you about the date and location of your operation. They can also inquire about both the complications and your ongoing health problems. In many cases, the lawyer then consults medical professionals to determine whether the provider failed to meet the standard of care.

The Investigation

The lawyer then starts an investigation. The attorney can gather your medical records, surgical reports, and any hospital-generated internal documents during this stage. The evidence undergoes review by professionals, who are typically surgeons or medical professionals. As these individuals have experience in the same medical field, they can ascertain whether a surgical mistake occurred.

In California, it must be proven that the healthcare provider did not perform their duty in alignment with what another reasonable practitioner would have done in similar circumstances. It must also be proven that the negligence directly caused your injury and damages.

Filing the Notice of Intent

Before a medical malpractice claim can be filed in California, state law mandates that the plaintiff must serve each prospective defendant with a 90-day notice of intent to sue. This is a written document that details the legal grounds of the claim and the injuries that you allege to have suffered.

When 90 days have elapsed, your attorney can officially file the claim in the appropriate court. The complaint, as this document is known, kicks off the litigation process. It also details the allegations made, the injuries that were suffered, and the types of damages being sought. Defendants generally respond by denying their responsibility and starting their defense process.

Discovery and Testimony

After the claim is filed, both sides go through a phase of investigation, known as discovery. Both sides gather evidence through investigations during discovery. They also exchange written questions, request documents, and take witness statements. In California, court cases require professional testimony to prove that a medical practice violated established standards and resulted in patient harm.

Negotiations or Trial

Most surgical error claims settle prior to trial. After sufficient information is exchanged during the discovery process, the parties may participate in mediation or informal negotiations. The hope is that both sides can resolve the claim without the uncertainty and anxiety of a trial. If there is no settlement, your California surgical error attorney can prepare to present your case before a judge or jury.

If either side is dissatisfied with the outcome of the verdict, they may appeal the decision if they believe the judge has made errors in interpreting the law. If you win the case and are awarded a favorable judgment, additional post-trial work can be required to either enforce the award or work out the terms of payment.

Relevant Statistics

Medical errors, unfortunately, are not an uncommon occurrence. Patients put their trust in the medical field, but unfortunately, errors still occur. Consider the following statistics:

  • Medical errors have been ranked as the third-leading cause of death in the United States.
  • Surgeons and ob-gyns are the most likely to have a claim filed against them, with one source claiming that 63% of medical claims are filed against individuals in these professions.
  • The most common procedure needed to correct wrong-site surgeries was an additional surgery, accounting for 45.6% of corrections.

About Kenneth M. Sigelman & Associates

Kenneth M. Sigelman & Associates has years of combined legal and medical experience in handling surgical error cases. We focus our practice on representing victims of surgical errors and malpractice. Our attorney, Kenneth M. Sigelman, J.D., M.D., represents injured victims in Chula Vista, San Diego County, and beyond, including at the Chula Vista–South Bay Courthouse. We understand surgical error laws and can advocate on your behalf.

FAQs

Can You File a Claim If Something Goes Wrong During Surgery?

Yes, you can file a claim if something goes wrong during surgery. However, the error must come from your medical professional and cause you direct harm. It must be proven that your provider owed you a standard of care and breached that care. If they acted in a way that the average professional would not have done in a similar situation, you could file a claim.

What Is the Average Settlement for a Medical Malpractice Claim in California?

The average settlement for a medical malpractice claim in California was $317,447 in 2024, according to one source. However, payout amounts vary widely based on the specifics of the case, such as the extent of your injuries, the need for recovery, medical bills, and the long-term effects it can have on the patient’s life.

What Are the Consequences of Surgical Errors?

The consequences of surgical errors are physical, financial, and emotional. These can include:

  • The need for additional surgeries
  • Infections
  • Pain and suffering
  • Emotional and psychological damage
  • Disability

In extreme cases, it can also result in death. In some cases, lifelong care may be needed, which can put a financial and emotional strain on the patient and their family.

What Are the Four Things That Must Be Proven to Win a Medical Malpractice Claim?

The four things that must be proven to win a medical malpractice claim include:

  • Duty. You must show that the professional owed you a standard of care.
  • Breach. They violated that care.
  • Causation. Their breach caused you harm.
  • Damages. You suffered measurable damages.

All four of these must be proven to have a strong claim.

Hire a Surgical Error Lawyer

If you suffered a surgical error and it caused you harm, resulting in damages, hire a surgical error lawyer at Kenneth M. Sigelman & Associates. Contact us today to start holding the responsible party accountable.