PHONE : (805) 585-5056

Ventura Surgical Error + Negligence Injury Attorney

If you recently underwent surgery and your surgeon made a dangerous error, you may feel a sense of injustice and despair. Your suffering should not go unnoticed, but is there any way to hold the surgeon accountable? We are happy to tell you that the answer is yes. At the Law Offices of Bamieh and De Smeth, we have helped numerous clients fight for the justice and compensation they deserve after serious injuries.

Our Ventura surgical mistake and negligence attorneys can guide you toward compensation after facing serious surgical errors. Filing a claim can be difficult, but we are here to handle the heavy lifting so you don’t have to do it alone. Schedule a free legal consultation with our experienced medical malpractice attorneys by calling (805) 585-5056.

Grounds for a Surgical Error Injury Lawsuit

Surgical errors can be difficult to uncover, especially for people who do not work in the medical field.  Victims of surgical errors may wake up with pain and discomfort after surgery, but they may be unable to tell if that is normal or because of something that went wrong.

In many cases, doctors must – or at least should – inform you about how your procedure went.  This includes telling you if there were any abnormalities, if anything did not go according to plan, or if they committed any errors.  Studies have shown that communicating about the errors and working toward the patient’s wellness and comfort often reduces the incidence of medical malpractice lawsuits for surgical errors.  However, if your doctor hides the error from you, you may only discover it after months or years of pain or trouble with nerve damage or after a second opinion from another physician.

Surgical errors commonly occur because of many of the following errors:

  • Incompetence
  • Lack of communication among surgical staff
  • Physician fatigue
  • Inadequate preparation for the surgery
  • The use of shortcuts

Just because your surgeon made a mistake does not necessarily mean you can file a medical malpractice claim. Surgery is incredibly difficult, especially in “high risk” fields such as neurosurgery (brain surgery) or cardiothoracic surgery (heart surgery).  In order to file a claim, you must show that the surgeon’s errors were outside the normally expected results of the operation in question.  In legal terms, you must prove that your care fell below the accepted medical “standard of care” and harmed you in the process.

Establishing what the proper standard of care is in your case usually comes through testimony and expert opinions of other doctors who perform similar procedures.  Your expert can present their view to the jury, and the jury determines whether or not your case is successful.  To bring your case in the first place, the simple knowledge that something went wrong may be enough to start investigating the case.

Types of Surgical Mistakes and Surgical Negligence

As mentioned, some problems with surgery are normal “complications.”  These kinds of results may not be considered “errors,” but are just a natural part of surgery.  Complications can occur during and after surgery, even if your care is the best it can be.  Complications such as nausea, tiredness, blood loss, and infections are quite common.

However, more serious problems with the surgery can rise to the level of “errors.”  Any problem that your doctor causes, whether by complete accident or because of negligence, can be considered an error.  Common surgical errors include the following:

  • Nicking a blood vessel
  • Severing a nerve
  • Cutting deeper than necessary
  • “Positioning injuries” from leaving the patient in an awkward position that injures muscles and nerves
  • Improper administration of anesthesia
  • Leaving surgical tools, most commonly surgical sponges, inside the patient
  • Making incisions at the wrong location

Hopefully, surgical errors will be corrected quickly, and many surgical errors may have no adverse effect on your health.  However, more serious errors can cause substantial problems going forward.

If your surgeon admits the error, you may be able to hold them accountable in court.  In most cases, a doctor will be represented by a lawyer from their medical malpractice insurance company, and the insurance company will handle any payouts that occur through an insurance claim or medical malpractice lawsuit.

If the doctor or the hospital refused to admit their wrongdoing or intentionally hid the surgical error from you, you could be entitled to substantial compensation.  Repairing or reversing the effects of a surgical error can be difficult if you do not know that you were harmed.  This means that your health could deteriorate, and any injuries you suffered could get worse while left untreated.  If this happens, the physician and the hospital may need to pay you substantial damages for the harm you faced and the lies that prevented additional care.

Our Ventura Surgical Error Attorneys Offer Free Legal Consultations

If you or a loved one was injured by surgical errors or negligence, contact the Law Offices of Bamieh and De Smeth today.  Our Ventura surgical mistake and negligence lawyers fight to get financial compensation for our clients from the doctors and hospitals that allowed them to be injured.  If you suffered serious surgical errors and required additional medical care, suffered from lost wages, or suffered serious pain and suffering, contact our law firm today to schedule a free legal consultation with our attorneys.  Our number is (805) 585-5056.

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