Brain Injury Due to Surgical Errors

A brain injury during surgery can have devastating and lifelong consequences. When a preventable surgical error leads to such an injury, California law gives victims and their families the right to seek financial compensation through a medical malpractice claim. These complex cases require proof that the surgeon (and other responsible parties, as applicable) failed to provide care consistent with accepted medical standards.

If you have suffered a brain injury caused by a surgical mistake, you may be able to recover compensation for your medical bills, pain and suffering, lost wages, and more. A qualified California medical malpractice attorney can help you investigate what went wrong and hold negligent healthcare professionals fully liable.

How Surgical Errors Can Lead to Brain Injuries

Brain injuries during surgery can occur in several ways, such as:

  • Lack of oxygen (anoxia or hypoxia) during anesthesia
  • Surgical tools damaging brain tissue
  • Excessive bleeding
  • Uncontrolled intracranial pressure
  • Medication errors
  • Failure to monitor vital signs during the procedure
  • Infections or strokes resulting from surgical complications

These injuries often result in some of the worst outcomes imaginable, including a permanent vegetative state.

Proving Medical Negligence Under California Law

To recover compensation for a brain injury caused by surgical malpractice, the injured patient must establish the following elements:

  • Duty of care: The healthcare provider had a professional obligation to treat the patient according to accepted medical standards.
  • Breach: The provider failed to meet that standard through an act or omission.
  • Causation: The breach directly caused the brain injury.
  • Damages: The injury resulted in measurable harm, such as medical expenses and a loss of quality of life.

California law (Code of Civil Procedure § 340.5) generally requires medical malpractice claims to be filed within three years of the injury or one year after discovering it, whichever occurs first. Missing this statute of limitations can result in losing your right to compensation, so it’s critical to act quickly.

How Much Is a Surgical Brain Injury Claim Worth?

Every case is different, but compensation in these claims typically covers both economic and non-economic damages. Recoverable losses may include:

  • Current and future medical bills
  • Rehabilitation and assistive care
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Trauma
  • Loss of companionship

California currently caps non-economic damages in medical malpractice cases at $470,000 for non-fatal injuries and $650,000 for wrongful death, increasing annually per Assembly Bill 35. There is no limit on economic damages.

Contact a California Medical Malpractice Attorney for Help With Your Claim

A brain injury caused by a surgical mistake can completely alter your life in an instant. Proving negligence requires both medical and legal expertise, making it essential to work with a law firm experienced in these cases.

The Law Office of Dr. Bruce G. Fagel and Associates is led by a doctor who is also an attorney, giving us a combination of expertise that other law firms can’t match. Call us today at (800) 541-9376 to schedule a free consultation and learn about your legal options.