Medical malpractice in the State of California encompasses many different types of medical errors and mistakes. One common classification of medical mistake includes surgical errors. Every surgery, regardless of the type, has certain risks associated with it – many of which are described in the waiver which the patient signs prior to a medical or surgical procedure.
Although surgeons take many precautions to avoid medical mishaps during surgical procedures, mistakes still sometimes happen, and serious injuries can result. When a surgeon makes a preventable medical mistake during a surgery and personal injuries result, the injured patient may be able to bring a medical malpractice lawsuit against the surgeon and/or the hospital or other treating facility.
If you have sustained injuries and damages as a result of a medical or surgical error, you may be entitled to monetary compensation under California law. An experienced Temecula medical malpractice lawyer will have the medical and legal knowledge needed to assist you with your case. Work with a seasoned personal injury attorney that can help you make decisions every step of the way, up through and including trial.
Basis for a California Medical Malpractice Claim
Proving medical malpractice can be difficult and often requires medical testimony at trial. In order for an injured patient to prove that a surgeon committed medical malpractice, the patient must ordinarily prove a breach of the applicable duty of care. A surgeon is held to the standard of care of a reasonable surgeon acting under the same or similar circumstances.
An injured patient and their Temecula medical malpractice lawyer must establish – usually through expert medical testimony from another surgeon or physician – that the first surgeon breached this standard of care, proximately resulting in the plaintiff’s injuries and damages.
Potential damages that are available to medical malpractice plaintiffs may include the following:
- Payment of medical bills
- Lost wages
- Past, present, and future pain and suffering
- Compensation for future corrective procedures or surgeries
- Compensation for mental anguish and emotional distress
- Compensation for loss of consortium or spousal support
- Compensation for the inconvenience and permanent damage sustained as a result of the botched surgical procedure.
Types of Medical and Surgical Errors
Surgical errors usually occur when a surgeon is incompetent or lacks the necessary knowledge, skills, training, or experience to perform a surgical procedure properly. Some other common medical errors that may result in medical malpractice lawsuits are as follows:
- Neglecting patients by failing to sterilize or maintain surgical instruments or equipment, resulting in infection or another serious injury
- Poor communication between hospital staff and the patient or between physicians and nurses, resulting in surgical errors or botched surgical procedures
- Misdiagnosing or failing to diagnose serious symptoms of injuries or illnesses
- Poorly performed surgical procedures or negligently performed procedures, such as leaving a sponge or towel inside of a patient prior to completing the surgical procedure
- Surgeon fatigue, which usually occurs when surgeons are required to work long shifts without sleep
- Failing to inform patients of potential surgical risks
- Performing unnecessary surgeries, performing a surgery on the wrong body part, or performing an unnecessary procedure to which the patient did not consent
- Discharging a patient prematurely and without allowing time for hospital staff to observe the patient (including the patient’s vitals) before leaving the hospital or emergency room
How a Temecula Medical Malpractice Attorney Can Help
Medical malpractice cases require a complex skillset of medical knowledge and legal expertise. If you believe that you have sustained injuries as a result of a botched surgical procedure or some other type of medical negligence, you may be entitled to monetary compensation. However, you should not go it alone
You should feel free to contact an experienced Temecula medical malpractice lawyer at any time, via telephone or email, for a free initial consultation