How Do Medical Malpractice Lawyers Investigate Surgical Errors and Build a Strong Case?

Many elements go into investigating a surgical error and building a strong medical malpractice case. A personal injury lawyer with our law firm can help you collect evidence, prove your injury resulted from a medical error, and pursue the maximum compensation possible for your monetary damages. 

Surgical Errors Are Medical “Never Events”

According to the Patient Safety Network (PSN), some medical mistakes are so egregious that they should never happen. These incidents are known as “Never Events” and include the following surgical errors:

• Wrong body part surgeries
• Wrong patient surgeries
• Wrong procedure performed on a patient
• Invasive or unnecessary surgery
• Foreign objects left in the body after surgery
• Anesthesia errors

Healthcare providers can also make mistakes in how they perform surgery, address surgery complications, or follow up with patients after a procedure. 

An Attorney Can Build Your Case Using the Four Elements of Medical Malpractice

To win your case, a medical negligence attorney must show that your injury was due to a preventable medical mistake and was not merely a bad outcome. A lawyer with our firm can build a strong surgical error case based on the following elements of medical negligence:

1. Professional duty of care. We will show that a doctor-patient relationship existed between you, your surgeon, and your surgical team. The existence of this relationship means that your providers had a legal duty to treat you according to the medical profession’s accepted standard of care. 

2. Breach of duty. A doctor breaches the duty of care when they treat patients in a manner that those in their profession would not consider reasonable. A breach can also be a failure to act or an omission of care. Any surgical “Never Event” would constitute a breach of duty. 

3. Causation. Causation is the link between your healthcare provider’s negligent actions and your surgical error and resulting injury. For example, we may demonstrate that your surgeon’s failure to identify a negative drug interaction led to an adverse reaction to anesthesia, resulting in cardiac arrest. 

4. Damages. We will establish that your surgical injury led to financial losses and pain and suffering (economic and non-economic damages). 

A Medical Malpractice Lawyer Relies on This Evidence

Our firm’s medical malpractice lawyers will investigate the circumstances that led to your surgical error. We will gather evidence to build a strong case, which may include the following:

• Medical records
• Doctors’ medical treatment notes
• Lab results and diagnostic imaging
• Video-assisted-surgery footage
• Official incident reports
• Eyewitness statements about your surgery and medical care
• Medical and scientific research
• Expert opinions
• Reports of previous complaints filed against the doctor or medical facility
• Bills, invoices, receipts, estimates, and other proof of your losses

A Medical Malpractice Lawyer Can Seek Fair Compensation for Surgical Injuries

If a surgical error harmed you or your loved one, a medical malpractice lawyer can identify your damages and seek full and fair compensation for your injury. Our legal team can help you pursue the following:

• Medical expenses. You should not have to pay for bills associated with medical negligence. We can recover the cost of your initial surgery and medical expenses arising from your surgical mistake, including hospital stays, doctor fees, medications, mobility aids, physical therapy, and long-term nursing. 

• Lost income. We can seek wages, benefits, and earnings lost due to your injury and recovery. If your surgical error leads to a permanent or disabling condition that prevents you from returning to work, we can pursue compensation for your lost earning capacity. 

• Various non-economic damages. You can recover monetary awards for intangible losses, including physical pain, mental anguish, emotional distress, loss of enjoyment, and diminished quality of life. 

• Wrongful death-related expenses. If your loved one passed away because of a fatal surgical error, we can pursue compensation for their wrongful death. Damages may include medical bills, funeral and burial expenses, and loss of your loved one’s support, services, and companionship. 

You Have a Limited Time to Pursue Your Surgical Errors Lawsuit 

According to CCP § 340.5, you have three years from when your surgical injury occurred (or was reasonably discovered) to file a medical malpractice lawsuit in California. If you do not file your case before the statute of limitations expires, the court will likely refuse your suit, even if we build a strong case proving medical negligence. 

This deadline will also affect your medical malpractice insurance case because it will significantly reduce your bargaining power if you can no longer take legal action. You could end up with little or no compensation in this situation. 

In addition to investigating and constructing your claim, we can ensure you file your lawsuit before it is too late and adhere to essential deadlines. We will also handle case-related paperwork, communications, and negotiations. 

Contact KJT Law Group About Your Surgical Error Medical Malpractice Case

You do not have to handle a complex malpractice investigation alone. Our medical malpractice attorneys can put their experience and resources to work, building a strong case proving your right to compensation for a surgical error. 

Contact us at (818) 507-8525 to begin a free consultation. We serve personal injury clients on contingency, meaning our services will cost you nothing upfront or out of pocket. Connect with a surgical error attorney today