Los Angeles Surgical Errors Attorney

When an individual has to undergo a surgical procedure, they expect to be treated with the highest quality of medical care. However, there are times when surgeons, anesthesiologists, and other health care professionals make surgical mistakes. At The Law Offices of Dr. Bruce G. Fagel & Associates, we are here to help if you need a Los Angeles surgical errors attorney by your side. Dr. Bruce G. Fagel has extensive experience handling complex medical malpractice claims throughout California, and he wants to get to work on your case immediately. Call (800) 541-9376 today so our experienced attorneys can help you and your loved ones.

Medical Malpractice Resources:

Do I Have a Medical Malpractice Case?

Individuals may be able to file a Los Angeles medical malpractice lawsuit if they suffer harm as a result of the negligence of a medical professional. The measuring stick for these cases revolves around the medical standard of care.

The medical standard of care is usually defined as the level and type of care that a reasonably skilled and competent medical professional with a similar background would have provided under the same circumstances that led to the mistake. In order to determine whether or not a healthcare professional upheld the standard of care, the case will be examined by trusted professionals who can present their findings to a jury. If your case does not involve a breach of duty of care or negligence, your case will not be considered medical malpractice and you won’t be able to file a claim. Injuries that result from the medical condition you are experiencing do not qualify as medical malpractice.

Causes of Surgical Errors

Surgical errors occur in a wide variety of ways. Given the complex nature of surgical environments, several factors could lead to mistakes, including:

  • Communication breakdowns between physicians, surgeons, and other medical professionals
  • Fatigue amongst the surgical staff after working long hours
  • Failure to properly identify a patient or they indicated operation
  • Substance abuse amongst healthcare professionals
  • Inadequate healthcare professional experience
  • Physicians operating outside of the scope of their expertise for a particular procedure
  • Surgeons or staff failing to remain in the operating room
  • Failing to monitor patients after a surgical procedure
  • Missing warning signs due to inadequate monitoring of the patient during a surgery
  • Technical failure of surgical equipment

California Medical Malpractice Laws

There are a few laws surrounding medical malpractice in California that you need to be aware of, mainly revolving around the time limit to file claims and compensation available.

California Statute of Limitations

In California, medical malpractice victims must file their claim no later than three years after the date of an injury or one year after a person discovers, or should have discovered, an injury caused by a medical mistake. If more than three years have passed since the alleged medical malpractice, victims will lose their ability to file a lawsuit against the health care provider.

If the surgical mistake occurred to a minor, the claim must be filed within three years from the date of the alleged malpractice, unless the mistake occurred to a child under the age of six. These claims must be filed within three years from the malpractice or prior to the child’s 8th birthday, whichever timeline provides a larger window for filing.

Compensation for Surgical Errors Victims

There is no limit on the total amount of economic damages recoverable for a medical malpractice claim. However, non-economic damages, including losses for pain and suffering, loss of enjoyment of life, and loss of consortium, are capped at $250,000. If the surgical error resulted in brain injuries or even wrongful death, the damages awarded will be different. Consult with a lawyer in Los Angeles to find out what compensation you and your loved ones are entitled to.

Los Angeles surgical errors attorney

Contact a Los Angeles Surgical Errors Attorney

If you or somebody you love has been injured due to a surgical mistake, reach out to the team at the Law Offices of Dr. Bruce G. Fagel & Associates for help as soon as possible. Our Los Angeles surgical errors attorneys have extensive experience handling these claims. You can contact us for a free consultation by clicking here or calling (800) 541-9376.