Surgical Error Lawyer in San Francisco

Call (888) 831-8448 to Discuss a Surgery Error Lawsuit in California

Whether performed in emergency, outpatient, or in-patient settings, surgery is a major medical undertaking. As such, there are laws that obligate providers who facilitate surgeries to ensure you understand procedures to be performed and the risks involved. Surgeons, nurses, and others who perform surgery must also meet the applicable duty of care to avoid causing preventable injuries.

Unfortunately, health care providers are sometimes negligent when treating patients, before, during, or after surgery. When their negligence results in harm that could and should have been avoided, injured patients and families may have the right to take legal action and recover compensation for their losses.

Bostwick & Peterson, LLP: A Proven Medical Malpractice Firm

Bostwick & Peterson, LLP is known nationally for our work in complex medical malpractice cases, including claims against providers who commit devastating mistakes during surgery.

If you are searching for legal representation in your claim against a health care professional or entity, you can be confident choosing our team knowing we have:

• Recovered over $1 billion in compensation for our clients.
• Won multiple record-setting results in malpractice cases across the nation.
• Award-winning attorneys with decades of experience.
• An ABPLA Certified Medical Malpractice Specialist (James S. Bostwick).
• Successfully represented victims of surgical errors.

Speak with a San Francisco surgical error attorney during a FREE consultation. Bostwick & Peterson represents victims across California and beyond.

Can I File a Lawsuit Over a Surgical Error?

If you or someone you love suffered harm due to a medical provider’s negligence, you may have the right to file a civil lawsuit and hold them liable for your damages. Examples of surgical errors that can give rise to medical malpractice litigation include:

• Anesthesia errors and medication errors
• Wrong-site surgery / performing surgery on the wrong body part
• Incorrect surgical procedure
• Failure to identify and respond to complications
• Post-operative care infection
• Leaving objects or medical instruments behind
• Emergency room errors

Your ability to pursue and prevail in a medical malpractice lawsuit depends on the specific facts involved. While every case is different, all medical malpractice claims are hinged on proving health care providers deviated from accepted standards of care. This may involve, among other acts of negligence:

• Failures to accurately interpret lab results
• Failures to diagnose or misdiagnoses
• Lab mistakes, including erroneous results or mishandling samples
• Administrative mistakes, communication or patient record errors

There are many different surgical procedures, and all have their own risks and variables related to a patient’s unique circumstances. As such, determining whether a provider’s actions amounted to negligence will require a personal review of your situation.

Who is Liable for a Surgical Error?

Liability for a surgical error can fall on various parties involved in the surgical process, including:

• Surgeon: The primary responsibility often lies with the surgeon performing the procedure. Surgeons are expected to adhere to the standard of care applicable to their specialty and to perform surgeries with the skill and competence expected of a reasonably prudent surgeon in similar circumstances. If a surgeon deviates from this standard and causes harm to the patient, they can be held liable for medical malpractice.
• Medical Staff: Other members of the medical team assisting in the surgery, such as nurses, anesthesiologists, and surgical technicians, can also be held liable for surgical errors if their actions or negligence contribute to the harm suffered by the patient. For example, if a nurse fails to properly sterilize surgical instruments or an anesthesiologist administers an incorrect dosage of anesthesia, they may be held accountable.
• Hospital or Surgical Facility: Hospitals and surgical facilities can be held liable for surgical errors under the legal doctrine of vicarious liability or respondeat superior. This doctrine holds employers responsible for the negligent actions of their employees when those actions occur within the scope of their employment. If a surgical error occurs due to the negligence of a hospital employee, the hospital may be held accountable for the resulting harm.
• Manufacturers of Medical Devices or Equipment: If a surgical error is caused by a defective medical device or equipment used during the procedure, the manufacturer of the device or equipment may be held liable for the resulting harm. This can include defects in surgical tools, implants, or other medical devices used during the surgery.
• Preoperative and Postoperative Care Providers: Healthcare providers responsible for the preoperative and postoperative care of the patient, such as primary care physicians, may also be held liable for surgical errors if their actions or negligence contribute to the harm suffered by the patient. For example, if a primary care physician fails to properly assess the patient's medical history or provide appropriate postoperative instructions, they may be held accountable.