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Glendale Surgical Error Attorney

Medical malpractice attorneys for surgical errors

Annually, surgical errors cause nearly 400,000 deaths in the U.S., ranking as the 4th leading cause of death in 2021. Whether it’s a wrong-site surgery, an incorrect procedure, or a left-behind instrument, a surgical mistake can leave you with serious injuries, costly medical bills, and loss of enjoyment of life. If this happens to you or a loved one, you can file a surgical error lawsuit to seek compensation.

At Berberian Ain LLP, we represent the rights of surgical error victims. Our surgical error lawyers in Glendale, California, will help you hold the negligent medical provider responsible and pursue a settlement for your injuries through a medical malpractice claim.

Common Surgical Errors in the U.S.

Common surgical errors can have lasting impacts on patients and their families. The following are frequent mistakes that healthcare providers make during surgical procedures:

  • Wrong-site surgery. Surgeons may operate on the incorrect body part, causing patients physical and emotional trauma. This often results in the need for additional corrective surgeries, extending your recovery time and medical costs.
  • Anesthesia errors. Incorrectly administered anesthesia can lead to consequences such as respiratory distress or intraoperative or anesthesia awareness, which is when a patient wakes up mid-procedure. These errors can result in extended hospital stays, additional treatments, and psychological distress.
  • Retained surgical instruments. This occurs when surgical tools or sponges are left inside the patient’s body. It can lead to dangerous infections or obstructions, requiring another surgical procedure for removal and complicating recovery.
  • Nerve damage. Surgical procedures can damage nerves and lead to issues like chronic pain, numbness, or paralysis. The aftermath often involves ongoing physical therapy or additional surgeries, impacting your quality of life.
  • Incorrect surgical procedure. Surgeons may perform the wrong operation on a patient. For instance, the provider removes your appendix when your surgery is for gallbladder removal. This exposes you to risks associated with that unnecessary procedure and typically requires further surgeries to correct the error.

When Does a Surgical Complication Fall Under Medical Malpractice?

Knowing when a surgical mistake crosses the line into medical malpractice can be complex. Surgery comes with inherent risks, like postoperative infection or blood clots. These unwanted outcomes aren’t necessarily the result of negligence—they are complications you’re warned about in advance and agree to as part of the consent process.

In a medical malpractice case, your provider doesn’t meet what’s known as the standard of care for your surgical procedure. This is the level of care you’d expect from any competent medical professional in a similar situation. If your medical team didn’t meet this level of care and it caused you further harm, you may have a valid medical malpractice claim.

Our surgical error lawyers at Berberian Ain LLP will review your medical records and consult with experts to determine if your healthcare providers failed in their duty of care. If our investigation finds medical malpractice has occurred, we can help you file a surgical error claim to get the financial compensation you need to pay for your damages.

Proving a Surgical Error Claim

Your case must meet certain legal criteria to prove medical malpractice in California. Our Glendale surgical error lawyers understand these requirements and can help you demonstrate the following in an insurance claim or during litigation:

  • Establish a doctor-patient relationship. This involves showing documentation or other evidence that confirms that the healthcare provider agreed to treat you, which legally establishes a duty of care.
  • Demonstrate a breach in the standard of care. You’ll need to provide medical records, gather expert opinions, and obtain eyewitness accounts to prove that the care provided was subpar compared to what a competent surgeon would have done.
  • Prove a direct link between the breach and your injury. You must show that the error made by the surgeon directly resulted in your injury or worsened condition. This often involves complex medical testimony to establish causation.
  • Show measurable damages. You’ll need to show evidence like medical bills, employment records for lost wages, or psychological assessments to quantify your suffering. This proves your damages and helps determine a fair settlement amount for negotiations.

How Our Surgical Error Attorneys Will Get You Compensation

Our surgical error lawyers at Berberian Ain LLP have years of experience in winning surgical error claims. We’ve helped multiple victims receive surgical error compensation, including a $520,000 award for a hip replacement surgery error and $650,000 for a victim who suffered a severed artery due to a surgical mistake.

We will take the following actions to get you fair compensation after a surgical error:

  • In-depth initial assessment. During our first meeting, we listen to your account of what happened, review medical records, surgical notes, or photographs you can provide, and discuss specifics like the type of anesthesia used or the duration of your surgery. This thorough evaluation helps us determine whether you have a strong medical malpractice claim for a surgical error.
  • Comprehensive investigation. Our team will seek out all relevant records, interview potential eyewitnesses like nurses or surgical assistants, and, if necessary, visit the site where the surgery was performed. We might also collect equipment logbooks or obtain software data from surgical machines to corroborate your case.
  • Expert medical collaboration. To support your claim, we consult medical specialists with experience in the type of surgery you underwent. They can offer insights into whether your provider followed best practices and deliver persuasive testimony to confirm a breach of the standard of care.
  • Maximize compensation. We look at every angle of possible compensation for your case. For medical malpractice, California caps non-economic damages at $350,000 and $500,000 for wrongful death claims. However, there is no limit to economic damages you can receive. We’ll consult with financial experts to assess ongoing and future costs, like rehabilitation or loss of earnings, ensuring we pursue every penny you’re entitled to.
  • Timely filing. In California, you generally have just one year from the date you discover the surgical error to file a claim or three years from the date of injury, whichever is earlier. We track this deadline, coordinating with you to gather all necessary materials and submit them within the legal timeframe.
  • Skillful negotiations and litigation. When litigating with hospitals and medical providers, you’re often up against formidable legal teams and insurance companies designed to protect their interests. We level the playing field, using our strong negotiation and trial skills to protect your rights and fight for the compensation you deserve under California law.

Get a Fair Settlement for a Surgical Error Injury

If you’ve suffered damages due to a surgical error, having the right legal help is crucial to receiving the compensation you deserve. At Berberian Ain LLP, our surgical error lawyers in Glendale, California, offer a personalized legal strategy tailored to the unique challenges of your case.

We know what it takes to go up against the well-resourced legal teams that protect medical providers. Contact us today for a free, no-obligation consultation. Take the initial step toward securing a fair settlement and reclaiming your life.