Vista Surgical Error Lawyer

Vista Surgical Error Attorney

Undergoing surgery can be scary. But when mistakes in the operating room happen, your life can change in an instant. That’s where the Vista surgical error lawyers of Kenneth M. Sigelman & Associates come in.

Our team holds years of experience working with clients through surgical error cases and getting them the compensation they need to move forward.

What Constitutes a Surgical Error Case?

A surgical error is a preventable mistake made by a medical professional during a surgery. These claims fall under malpractice law.

About 1 out of 10 patients experiences harm in a healthcare setting in the United States, and there are about 50 million major surgeries happening in the U.S. annually. Some examples of surgical error cases can include: 

• Foreign objects left inside the patient’s body. Sponges, claims, or surgical instruments left behind after closing the patient
• Wrong-site surgery. Operating on the wrong organ, limb, or portion of the body, with the spine being the most likely wrong-site surgery
• Anesthesia mistakes. Administering too much, too little, or the wrong kind of anesthesia
• Nerve or organ damage. Accidental cutting or puncturing during procedures
• Infection. Unclean equipment or environments leading to preventable infections
• Failure to monitor. Neglecting to check vital signs during various stages of surgery

These errors often lead to longer hospital stays or additional surgeries. In serious cases, permanent disability or death may occur.

Laws Surrounding Surgical Errors in California

California malpractice laws are meant to protect patients and keep healthcare providers accountable for their actions.

The first consideration to make involves meeting filing deadlines. California’s statute of limitations for surgical error claims is three years from the date of the injury. If you discovered the injury or issue later, you have one year from discovery to file a legal claim. Missing this deadline can result in losing out on recovering compensation.

A surgical error case requires extensive testimony from medical experts to prove that negligence occurred. Malpractice cases can be particularly complex. Having a Vista surgical error attorney on your side can help you establish causation and gather the right kind of evidence you need to support your claim.

California also limits non-economic damages, such as pain and suffering, when it comes to malpractice cases. You can still recover full compensation for economic damages. Medical bills and lost wages fall under the latter category.

Compensation in Surgical Error Cases

Surgical error cases can vary significantly. Regardless of the circumstances, victims of surgical errors may be entitled to compensation for both financial and non-financial losses. A Vista surgical error lawyer works to pursue damages to cover your financial needs during your recovery.

Damages can include: 

• Medical expenses. Hospital bills, follow-up surgeries, rehabilitation, and medication
• Lost income. Wages lost while you recover, loss of future earnings
• Pain and suffering. Emotional distress, physical pain, loss of enjoyment in life
• Wrongful death damages. Compensation for funeral costs, loss of companionship, loss of financial support

What to Do if You Suspect a Surgical Error

If you or a loved one believes they have been a victim of a surgical error, it’s important to act quickly. Follow these steps: 

• Seek medical attention. Prompt medical care can prevent further complications.
• Get copies of your medical records. You’ll need records, surgical notes, and hospital discharge papers for evidence.
• Document everything. Write down your experience, including symptoms, conversations with doctors, and how your recovery efforts are going.
• Contact a Vista surgical error lawyer. As soon as possible, reach out to an experienced attorney who can begin your investigation and walk you through legal proceedings.

The sooner you get legal help, the stronger your case can be. Evidence can disappear quickly, and strict statute of limitations timelines must be followed to secure compensation.

Hire a Surgical Error Lawyer

San Diego County residents can trust the team at Kenneth M. Sigelman & Associates because of our years of experience successfully handling surgical error cases. We treat every case with the compassion and dedication it deserves.

Our team thoroughly investigates each case and works to create a strong case that supports your claim. We understand the financial and personal impact these circumstances can have on you and your loved one, and we work hard to support your recovery.

FAQs

Can You Sue for a Messed-up Surgery?

You can file a legal claim for a messed-up surgery if the medical team was negligent and their mistake caused harm. Examples include operating on the wrong body part, leaving surgical tools inside the body, and not properly monitoring complications. These mistakes can lead to serious injury, additional surgeries, and lifelong health issues. The medical claim must prove that the surgeon’s actions failed to meet the expected standard of care.

How Do You Prove a Surgical Error?

Proving a surgical error requires strong medical evidence. Medical records and surgical notes are reviewed to identify what went wrong. Expert witnesses testify about the standard of care and whether the surgeon’s actions failed to meet industry standards. Testimonies from nursing staff may also help your case. The most important part is showing that the error directly caused the injury and could have been prevented.

What to Do if a Doctor Makes a Mistake in Surgery?

If a doctor makes a mistake during surgery, the first step should be getting immediate medical attention to fix the error. This also prevents further harm from occurring. Document your symptoms and keep copies of all medical records, test results, and hospital bills. Contacting a medical malpractice attorney is essential. They can review your case, consult with legal experts, and help you file a claim for compensation.

Are Surgeons Liable for Mistakes?

Surgeons can be held liable for mistakes if they didn’t meet certain standards of care and harmed the patient. Liability can include performing the wrong procedure and failing to prevent complications. Sometimes hospitals and surgical staff can share responsibility in these claims. Not every bad outcome equates to malpractice, however. A medical expert can help determine if the surgeon acted negligently or if the outcome couldn’t have been prevented.

Vista Surgical Error Lawyer

When you’re ready to pursue legal action, contact Kenneth M. Sigelman & Associates to schedule your free consultation. Let us put our knowledge and experience to work for you.