A patient, working king on their own, might struggle with proving medical malpractice occurred during a surgical procedure. Fortunately, a patient can work with a local personal injury lawyer to prove surgical errors in a malpractice case. They will collect evidence and consult with medical experts who can substantiate your claim.
Recovering from a surgical error can require time to focus on your physical and emotional health. While you do, your medical malpractice lawyer can build a solid case, deal with the insurance company on your behalf, and guide you through the negotiation process. With their guidance and support, you can recover from your injuries, seek the treatment you need, and learn more about the at-fault medical professional’s or facility’s responsibilities.
How a Medical Malpractice Attorney Helps Injured Patients Prove Surgical Errors
When choosing a law firm to recover damages from a negligent healthcare provider, you should understand the role of a medical malpractice attorney. To strengthen your case and provide proof of surgical errors, an attorney from our firm will:
- Investigate the details of your surgery
- Consult with medical and surgical experts
- Build a persuasive collection of evidence
- Handle all case-related communication
- Determine the monetary value of your case
- Clarify the statute of limitations and its importance
- Provide ongoing updates as your case progresses
Your legal team will prove your surgery did not meet the acceptable standard of care and resulted in your injuries. To do so, they will prove the legally required elements of medical negligence.
Supporting Evidence Your Medical Malpractice Lawyer Will Compile
Every surgical error medical malpractice case is different, so your lawyer will focus on the details of your case. Additional malpractice case evidence that supports the details and merits of your case can include:
- Employment and salary history records that prove the value of your lost income
- Lab results, patient history, and intake records if they contributed to the surgical error
- Photos and videos of your procedure and resulting injuries, if applicable
- Statements from nurses, assistants, medical students, and other surgery participants
Your lawyer will handle the evidence collection process for you. The weight of the accumulated evidence can help your attorney steer your case away from a trial and toward a settlement. Your lawyer will present it to the at-fault party and their representatives in a timely and organized fashion.
Understanding the Elements of Negligence in Medical Malpractice Cases
When an error occurs during surgery, there could be multiple reasons. By proving negligence, your lawyer can determine whose negligence led to the error. They do this by investigating surgical errors and proving the following elements of medical negligence in surgery:
- The healthcare provider owed you a duty of professional care.
- The care they provided breached the duty they owed you.
- You were injured or your health was compromised by substandard care.
- The healthcare provider’s breach had financial consequences for you.
The evidence your legal team gathers will prove these elements and allow you to pursue the at-fault party for financial compensation.
The Role of a Qualified Medical Expert in Proving Surgical Errors
Your allegations of medical malpractice require support from a medical expert. They can examine your medical and surgical records in detail. Medical experts can also explain:
- Your procedure and injuries in lay terms
- The quality of surgical care you were owed
- The quality of the surgical care you received
- Corrective care you will require in the future
- The details of your healthcare prognosis
Your lawyer will identify qualified experts and obtain any necessary oral or written statements, including depositions, interrogatories, and trial testimony, where applicable.
Types of Surgical Errors That Could Constitute Medical Malpractice
Surgical errors and the harm they cause patients can vary greatly. Medical malpractice lawyers represent clients who suffered the following surgical errors:
- Administering too much or too little anesthesia
- Left-behind surgical tools and other foreign objects
- Medical charting and medication or allergy mistakes
- Wrong-site or wrong-patient surgical procedures
To hold a negligent medical provider financially liable for their actions and your injuries, your lawyer will explain what constitutes surgical errors in medical malpractice cases and how they will prove it on your behalf.
California Filing Deadlines That Apply to Surgical Malpractice Lawsuits
Surgical mistakes litigation comes with strict deadlines you must meet. The medical malpractice statute of limitations is generally three years, according to CCP § 340.5.
An expired filing deadline could mean the court will refuse to allow you to file your lawsuit. It could also mean the defendant’s representatives will request the dismissal of your lawsuit. This request is likely to be granted which will leave you with no further legal recourse. Your lawyer will explain the filing deadline and any potential changes to it.
Damages You Can Recover for Medical Malpractice Due to a Surgical Error
Recovery from a surgical error can mean you incur a plethora of unexpected medical and financial expenses and losses. The following surgical error compensation could be recoverable by filing a medical malpractice insurance claim or lawsuit:
- Known and anticipated medical expenses
- Known and anticipated losses of income
- Loss of future earning capacity
- Ongoing physical pain and suffering
- Lasting disabilities and disfigurement
- In-home medical support and rehabilitation
- Mental and emotional anxiety and distress
- Wrongful death damages, if applicable
Recovering appropriate compensation means proving the monetary value of your medical malpractice lawsuit. Your attorney will do this for you by collecting all medical bills, receipts, and records related to your recovery. They will submit these bills, along with proof of your lost income, to the insurance company.
Call Our Medical Malpractice Team if You Were Injured During Surgery
If your health was compromised due to a surgical mistake, our medical malpractice lawyer can explain how you can prove surgical errors in a malpractice case. They will also explain your compensation options and build a strong case on your behalf.