Surgical Error Lawyer
Surgical errors are tragic and preventable. Surgical mistakes are the result of negligent actions and a breach of duty of care by medical professionals. Patients who experience injuries as a result of surgical errors may be eligible to receive compensation for damages. A California surgical error attorney from award-winning Cutter Law P.C. can win your surgical error lawsuit.
Medical malpractice occurs far too frequently. Individuals who have suffered harm due to surgical errors may experience lengthy recoveries and increased healthcare expenses. Surgical errors may involve a variety of different types of injuries and come about in a number of ways.
If you wish to file a claim for surgical error medical malpractice in California, it is important to understand which types of errors constitute medical malpractice. It is equally necessary for individuals who have experienced surgical errors to be aware of the statute of limitations that apply to these types of cases.
If you have experienced harm due to a surgical error, it is critical to seek representation as quickly as possible. Our California medical malpractice attorneys have law offices in Sacramento, Oakland, and Santa Rosa, so you can easily get the experienced legal representation you need. Call today for your free consultation.
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How Our Surgical Error Attorneys Can Help You
If you have sustained injuries due to surgical mistakes, including gallbladder surgery, it is crucial that you take action and obtain experienced legal representation as soon as possible. Our California surgical error attorneys will explain your rights under the state’s medical malpractice laws and seek fair compensation for your injuries.
We begin by evaluating the specific facts related to your case. Our team understands that each case is unique. We take the time to learn about your procedure and the injuries you suffered. If we determine that your injuries were, in fact, caused by a surgical error due to negligence, we will diligently work to hold your surgeon accountable.
Our efforts may include retaining expert medical witnesses to prove negligence on the part of the medical providers who treated you. We will retrieve and review your medical records and handle all communication with the defendant.
As your advocate, the legal team at Cutter Law will fight tirelessly for you and your family. We won’t give up until the negligent party agrees to pay you every penny you deserve. If that means taking your case to trial, we will be more than prepared to go before a judge and jury — and win.
$240 Million
Trial attorney Brooks Cutter took a lead role in a nationwide case against Boston Scientific and Guidant following a recall of the manufacturer’s pacemakers and cardiac defibrillators.
$7.6 Million
Medical malpractice jury verdict on behalf of a young woman who suffered a spinal cord injury after doctors failed to diagnose a tumor on her spine.
$ 2.4 Million
Brooks Cutter and Margot Cutter won a $2.4 million dollar verdict on behalf of the children of a man who died after a staff doctor at a hospital lied and transferred a patient to another hospital that was not equipped to handle the patient.
$220 Million
Appointed by the federal court to the plaintiffs steering committee in the Medtronic Sprint Fidelis case on behalf of patients injured by defective defibrillator leads, ultimately ending in a successful settlement for our clients.
Causes of Surgical Errors
Negligent doctors aren’t the only cause of surgical errors. According to a Johns Hopkins study, other causes of surgical errors include systemic problems, including:
- Poorly coordinated care
- Fragmented insurance networks
- Absence or underuse of safety nets
- Variation in physician practice patterns that lack accountability
Surgical errors may also occur when patients are not advised of the side effects and risks associated with a medical procedure. Discharging a patient from the hospital too soon could also constitute medical malpractice.
What Surgical Errors Can Lead to a Medical Malpractice Case?
According to the Institute of Medicine, a medical error is the “failure of a planned action to be completed as intended or the use of a wrong plan to achieve an aim.”
Medical errors may range in severity and involve many different types of injuries. Surgical errors may include:
- Performance of unnecessary surgical procedures
- Performance of the wrong surgical procedure
- Performance of surgery on the wrong site
- Performance of surgery of the wrong patient
- Leaving objects or surgical tools inside the body of the patient
- Improper execution or improper performance of or during surgery
- Not providing necessary medication
- Improper after-care
One of the most important questions asked in a potential case for surgical error is, “How do you prove surgical errors?” An experienced surgical error attorney has the expertise required to prove a surgical error occurred. Among the first steps to take in proving surgical error is obtaining records related to a victim’s medical care.
Beyond proving the existence of a surgical error, your lawyer must prove that the error equates to malpractice. Medical malpractice does not need to be intentional.
To prove medical malpractice, lawyers must establish that your physician owed you a duty of care that was breached. Cutter Law P.C. can review the details of your case and establish whether your injuries are the result of medical malpractice.
Determining How Much Your Case May be Worth
Medical malpractice lawyers in California specialize in obtaining compensation for individuals who have experienced harm following a medical procedure. Compensation for damage suffered as a result of surgical error may vary and involve economic as well as non-economic damages.
Non-economic damages, sometimes referred to as pain and suffering, may not exceed certain limits, as established by law. There are some exceptions to these limits, as defined by the California MICRA cap.
These awards are intended to compensate victims for the pain and suffering experienced as a result of an injury. In the past, this amount was limited to $250,000. As of January 2023, California’s Medical Injury Compensation Reform Act places the current limit at $350,000 with additional annual increases until the cap reaches $750,000, when it will then be adjusted annually by 2 percent to account for inflation.
Economic damages refer to the costs associated with tangible losses like lost wages, medical expenses, and rehabilitation costs. Additionally, economic damages cover expenses related to the need to make in-home modifications to accommodate medical needs, caregiving expenses, and medical treatments required in the future. Special needs associated with the age of a victim are also taken into consideration when determining economic damages.
To secure compensation, your attorney must prove that the surgical error you experienced resulted in measurable damages.
Statute of Limitations for Medical Malpractice in California
If you have suffered harm during or following a surgical procedure as a result of an error, it is important to understand that time limits apply to your ability to file a claim for compensation. In California, there is a medical malpractice statute of limitations.
According to this law, plaintiffs are limited to three years following the date the injury occurred or one year following the date the plaintiff discovered the injury, depending on which date occurs first. Due to this limited amount of time in which victims have to file a lawsuit, it is important to seek legal advice and representation as soon as possible.
FAQs
If you or a loved one were the victim of a surgical error, you may have questions about filing a claim and obtaining compensation.
How much could I receive from a surgical error lawsuit?
The amount you can recover from a surgical error lawsuit will vary based on many factors. Damages related to medical malpractice cases generally reimburse the victim for physical, financial, and emotional damages incurred due to the medical error. You may receive compensation for pain and suffering, reimbursement of medical bills, coverage for future medical procedures, and more.
Do I need a surgical error attorney to file a lawsuit?
Technically, you do not need an attorney for a surgical error lawsuit, but attempting to tackle a lawsuit by yourself is ill-advised. A surgical error lawsuit is extremely complex, and your lawyer will study medical documents, retain experts to provide testimony, and negotiate on your behalf while you focus on recovering.
If you suffered injuries due to a surgical error, call our California surgical error attorneys at (916) 290-9400 for your free consultation. Our skilled legal team will work on your behalf to build a strong case for compensation.
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Our Office Locations
Sacramento Office
401 Watt Avenue Suite 100
Sacramento, CA 95864
Phone: 916-290-9400
Oakland Office
Cutter Law P.C.
1999 Harrison Street Suite 1400
Oakland, CA 94612
