Wrongful Death Due to Surgical Errors
When a routine operation turns fatal because of a preventable medical mistake, surviving family members are left grieving and searching for answers. Surgical errors are among the most devastating forms of medical negligence in California, sometimes resulting in wrongful death. If this has happened to your family, you may have the right to file a wrongful death lawsuit against the responsible healthcare provider.
A wrongful death claim allows surviving relatives to pursue compensation for their financial and emotional losses while holding negligent professionals liable for their actions. These cases are complicated, yet are possible to win with the help of an experienced medical malpractice attorney.
How Surgical Errors Lead to Wrongful Death
Surgery always carries some risk, but patients are entitled to expect a reasonable standard of care. When medical professionals fail to meet that standard, the results can be tragic. Wrongful deaths caused by surgical errors often occur due to preventable mistakes either before, during, or after an operation.
Some of the most common causes of surgical errors include:
- Performing surgery on the wrong site
- Leaving surgical tools inside the body
- Administering improper anesthesia
- Failing to monitor oxygen levels
- Damaging internal organs
- Failing to control bleeding after surgery
- Miscommunication among surgical team members
- Negligent post-operative care
Highly trained surgeons can sometimes make catastrophic errors when protocols are ignored. These mistakes can lead to fatal complications such as sepsis and respiratory failure, conditions that could have been prevented with proper care.
Who Can File a Wrongful Death Claim After a Surgical Error in California?
Under California law, only certain individuals have the legal right to file a wrongful death claim after a fatal surgical error. The right to sue is outlined in California Code of Civil Procedure § 377.60, which establishes who may pursue damages on behalf of the deceased.
The following parties are typically eligible to file a wrongful death lawsuit:
- The decedent’s surviving spouse
- The decedent’s surviving children
- The decedent’s grandchildren, if their children are also deceased
If none of the above individuals are alive, anyone entitled to the deceased’s property under California intestate succession laws (such as parents) may be permitted to file the claim.
What Kinds of Compensation Are Available in a Wrongful Death Lawsuit?
While no amount of money can replace a lost life, a wrongful death claim can ease the financial strain that often follows a preventable tragedy. Damages may include compensation for:
- Funeral and burial costs
- Loss of the deceased’s income and benefits
- Loss of companionship, guidance, and support
- Emotional pain and suffering of surviving family members
- Medical bills related to the fatal surgery
Your Los Angeles surgical errors attorney can bring in experts as needed to ensure that all of your damages are properly and fully accounted for.
Schedule a Free Consultation With a Compassionate Medical Malpractice Attorney
If you suspect that a surgical mistake led to your loved one’s death in California, you have only a limited time to take legal action. Contact The Law Office of Dr. Bruce G. Fagel and Associates today to schedule a free consultation at (800) 541-9376. Our Los Angeles medical malpractice lawyers have won billions of dollars for our clients, setting records in the process.
