When surgeons and/or staff fail to follow the procedures, they put patients’ lives at risk. Surgical patients place their lives in the hands of the surgical professionals, trusting them to follow accepted standards of care, but when they violate the trust, the patients have a right to demand a compensation. Unfortunately, preventable surgical errors continue to injure and kill patients, despite measures to reduce these medical errors. Thus, every surgery involves risks, and no surgeon can guarantee a positive result.
For example, a chiropractor may be liable if:
- his treatment aggravated an injury;
- the treatment did not treat the injury;
- it was excessive force in the chiropractic manipulations;
- or such manipulations were continued after the patient requested the surgeon to stop.
Additionally, California medical malpractice statute of limitations is very complex and has many nooks and cracks. In general, a patient has a year (six months if you are suing a public entity) from the “date of injury” to sue the responsible person; this may continue up to 90 days if the patient’s lawyer serves proper and timely notices.
Below, The Margarian Law Firm lawyers will introduce you the main elements of the California Surgeon Malpractice Law. In addition, we are ready to provide answers to your initial questions concerning California Personal Injury Law for free.
What is California Surgeon Malpractice?
There are accepted standards of care in operations that surgeons should follow. In the case of failing to follow the standards, a surgeon malpractice occurs resulting in injuries to the patient. Thus, if the doctor invades the scope of another practice (such as that of a medical doctor) he/she will be held to the level of care applicable to a practitioner in the field which he invaded.
What Are the Constitutive Elements of Surgeon Malpractice?
- Duty: You must show that a surgeon owed a duty to you. As a result, a doctor who agrees to treat you owes you a duty of reasonable care.
- Breach: To recover, you must show a violation of duty. In general, this is usually done with help of other surgeons who testify about how reasonable surgeon would act.
- Causation: You must show that the violation of duty has caused you harm.
- Damages: You must have suffered some harm as a result of the violation of duty.
The most common examples of chiropractic malpractice are:
- Incorrect diagnostic tests,
- Removing healthy organs;
- Improper anesthesia;
- Allergic reactions to medication;
- Faulty or malfunctioning operating equipment or tools;
- Understaffing in the operating room which can lead to shortcuts and errors;
- Incompetency of attending professionals and hospital staff or simply performing the medical procedure incorrectly;
- Misdiagnosis or misinterpretation of symptoms.
Obtaining Compensation if You Suffered a Surgeon Malpractice in California
Negligence is the legal doctrine that holds people responsible when their careless actions cause someone else to suffer harm. To decide what is reasonable under the circumstances, the court considers things like common practices in the standards established by the government. In fact, some of the cases of surgeon malpractice will involve intentional acts, like careless mistakes. Consequently, cases involving particularly blatant conduct may justify an award of punitive damages, meant not just to compensate, but to punish the offender. Compensation types available in chiropractic malpractice include:
- mental anguish,
- medical expenses,
- physical suffering,
- punitive damages,
- loss of consortium damages and support for surviving relatives, if the victim passes away.
At The Margarian Law Firm, we understand all complexities of the legal system and we have a positive record of obtained compensation for our clients. The amount of monetary compensation you deserve depends upon your case. We will prepare all the required documents and will act as your advocate in all proceedings or hearings.