A surgical error is a mistake that a surgeon or another medical worker commits in surgery. Performing the wrong type of surgery on a patient is one such error. Although all operations carry risks that patients know and consent to, when a healthcare provider should have prevented their mistakes, it may qualify as medical malpractice.
Performing the wrong type of surgery can lead to unnecessary pain, suffering, and recovery for the patient. It can also lead to worse complications or symptoms from the patient’s original medical needs if these are left untreated.
A Los Angeles wrong type of surgery lawyer from the office of Pintas & Mullins Law Firm may be able to help you pursue compensation after such an accident. To learn more, call our team today at (800) 970-4884.
Common Surgical Errors
Surgeons typically take extra care when operating on their patients since their lives are sometimes literally in their hands. Unfortunately, they can have lapses in judgment too.
There is a possibility that the patient might undergo the wrong surgery or get operated on the wrong area. Not only does this potentially cause health complications but unnecessary expenses as well. Surgeons may also delay urgent surgical procedures for a less important reason, resulting in a patient’s death.
If doctor negligence led to a patient having the wrong type of surgery performed on them, that patient may be the victim of medical malpractice.
Filing A Surgical Error Lawsuit in Los Angeles
Much like in other states, California categorizes surgical errors as medical malpractice. Medical malpractice is a type of personal injury that resulted from a doctor’s misdiagnosis, wrong prescription, or in your case, a mistake during surgery. It violates the medical standard of care, which is the level of treatment that a professional would typically provide in a similar situation.
If medical negligence directly leads to the patient’s death, the surviving family may be able to pursue a wrongful death lawsuit against the responsible doctor or hospital.
A Los Angeles wrong type of surgery lawyer from Pintas & Mullins Law Firm may be able to help you recover awards for expenses such as medical and therapy bills, lost wages from time spent off work, or funeral and burial costs.
For a free legal consultation with a Wrong Type of Surgery Lawyer serving Los Angeles, call (800) 970-4884
Special Considerations for California Medical Malpractice Lawsuits
While building a medical malpractice case in California, there are a few legal elements to consider:
You May Need an Expert’s Testimony
Medical malpractice in surgeries can happen before, during, or after the operation itself. It is vital to establish which action resulted in your injury and expenses, as it will help you determine who to file your suit against.
Your case may require a medical expert to testify in your defense that your doctor gave you care that fell below a reasonable standard, and that another medical professional in the same situation would have acted differently.
Pintas & Mullins Law Firm can hire a medical expert witness to testify in your defense when we represent you.
You Have to Give Prior Notice
Per CCP § 364, California requires any claimants who want to sue professionals to give at least 90-days’ prior notice before filing the claim. This rule also extends to medical providers.
Doing so gives them a chance to reach out and settle things more privately with you, should you accept. Of course, you still have the choice to go through with your case and head to trial if they are unwilling to make you a fair offer.
California’s Statute of Limitations
California’s statute of limitations is a set of laws regarding deadlines for filing lawsuits. The time limits can vary depending on the type of lawsuit. For medical malpractice claims, including surgical errors, CCP § 340.5 states that you have one year starting from the date you discover your injury to file a medical malpractice lawsuit, but not longer than three years total from the date the injuries occurred.
Some circumstances may extend this deadline. The statute timer makes exceptions for specific situations, for instance, if the surgeon committed fraud or tried to hide their mistake.
To discuss what specific deadlines pertain to your case, call Pintas & Mullins Law Firm for a free consultation with a member of our team. When we represent you, a Los Angeles wrong type of surgery lawyer from our firm can handle all legal deadlines and paperwork on your behalf.
Los Angeles Wrong Type of Surgery Lawyer Near Me (800) 970-4884
Pintas & Mullins Law Firm Can Fight for You
Any act of negligence during surgeries can affect your health for life. It also leads to unwanted expenses that could financially set your family back for years.
Pintas & Mullins Law Firm understands that you want to be made whole. Our Los Angeles wrong type of surgery lawyer can handle all aspects of your case when we represent you. This may include:
- Answering your questions and providing legal consultation
- Handling all communications on your behalf
- Conducting your case according to all applicable California laws
- Identifying the liable party and gathering evidence of their liability
- Gathering evidence of the extent of your injuries
- Negotiating for a settlement with the responsible party’s insurance company
- Taking your case to trial if they are unwilling to make you a fair offer
To learn more about these services, and to discuss your case in a free consultation with a member of our team, call Pintas & Mullins Law Firm today at (800) 970-4884. We may be able to represent you on a contingency-fee basis with no advanced payments necessary.