Surgical errors are some of the most difficult and severe types of medical malpractice. The lasting effects permanently alter a victim’s life. In the most tragic cases, the victim does not survive. The family must deal with the sorrow of wrongful death, medical expenses, and sometimes a legal battle.
Has Your Life Been Affected by a Surgical Error?
Has a surgical error affected your life or the life of someone you love? Discuss your case with our San Francisco surgical errors attorneys. We aim to handle your case with compassion, single-minded determination, and detailed care from start to finish. Contact the San Francisco surgery errors attorneys at Walkup, Melodia, Kelly, and Schoenberger for a free consultation today.
Clients come to Walkup, Melodia, Kelly, & Schoenberger for many reasons.
- We have won more million-dollar verdicts than any law firm in Northern California.
- We have a physician-attorney on-staff for medical malpractice cases.
- We are an award-winning firm that is well-liked by our clients. Our Yelp reviews offer insight into the open communication we have with our clients.
What Are Surgical Errors?
Surgical errors are any errors that happen during the surgical process. They can occur during preparation if a nurse or doctor marks a wrong area for the surgery; during anesthesia, if an anesthesiologist gives too little or too much medication; and even after, if hospital staff makes an error in recovery room care. Sometimes, a surgical error is that the surgery should not have happened at all or a different surgery should have been performed.
Our attorneys represent a wide range of malpractice cases and are particularly experienced in handling surgical cases.
Types of Surgical Errors Our Lawyers Handle
All types of surgical errors are medically and legally unacceptable and have an adverse effect on the victim.
- We handle surgical error cases related to the amputation of the wrong limb.
- We handle surgical error cases where a medical professional leaves a surgical instrument or piece of equipment inside the patient’s body.
- We handle surgical error cases where surgery causes birth injuries to the child or mother.
- We handle surgical error cases where the physician performed the wrong surgical procedure on the patient.
- We handle surgical error cases where the anesthesiologist or other medical professionals administered the wrong dosage of anesthesia or other drugs.
- We handle surgical error cases where the physician failed to diagnose or treat post-surgery complications, including post-operative bleeding, infections and strokes.
Common Mistakes Resulting in Surgical Error
- Performing an unnecessary surgery on a patient is surgical malpractice.
- Medical professionals misreading, failing to understand or ignoring preoperative films and lab tests is surgical malpractice.
- Utilizing improper technique is surgical malpractice.
- Performing surgery different than the procedure for which consent was given is surgical error
- Discharging a patient prematurely after surgery is surgical malpractice.
- Failure to advise a patient of all risks and side effects of surgery is surgical malpractice.
We have extensive courtroom experience dealing with surgical errors and wrongful deaths and are prepared to help you or your loved one with a claim.
The Statute of Limitations for Surgical Malpractice in California
The statute of limitations in California in any medical negligence case is set forth in Code of Civil Procedure section 340.5. That code section states that in an action for injury or death brought by an adult against a healthcare provider, the time for filing a legal action is three years after the date of injury, or, one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.
As a practical matter, where the patient knows or should know that she or he has been injured through the fault of another, the statute of limitations is one year from the date of injury. The three-year statute of limitation in malpractice cases applies only when the injured plaintiff did not know and could not have discovered within the first year following injury that his or her injury was caused by negligence.
The three-year non-discovery rule acknowledges that not every surgical error is immediately obvious after an operation. Because the time limit in the vast majority of cases 1 year, it is extremely important for victims to discuss their case with an attorney as soon as they are able. If a plaintiff waits too long, it will prevent the case from going forward.
Just a Few Examples of Our Case Successes Through the Years
The Walkup, Melodia, Kelly & Shoenberger firm has served clients in California for over 50 years. As one of the top personal injury firms in the country, we have an unparalleled record of multi-million-dollar settlements, awards, and verdicts.
- A $38.6 million settlement awarded to the victim of Myrick v. Hansa in a medical malpractice case concerning the failure to diagnose a stroke.
- A $23.2 million settlement awarded to the victim in Rogers v. AMC Clinic for obstetrical negligence resulting in cerebral palsy for the child.
- A $9.4 million jury settlement awarded to the victim in Dahl v. Stone, M.D. for delayed diagnosis of an abscess.
- A $9 million settlement awarded to the victims in Twins v. Fertility Center for failure to diagnose cystic fibrosis.
- A $6.5 million settlement awarded to the victim for a Hypoxic Ischemic Encephalopathy (HIE) brain injury at birth.
- A $6.25 million settlement awarded to the victim in Minor v. Valley HMO for negligent neurosurgery resulting in personal injury.
- A $6 million settlement awarded to the victim in a case of delayed cesarean section/HIE resulting in birth injury.
- A $5.7 million settlement awarded to the victim in Infant v. Regional Medical Center for birth injury.
- A $5.6 million settlement awarded to the victim for anesthesia causing wrongful death.
- A $5.5 million settlement awarded to the victim in Physician v. Hospital for failure to diagnose an abscess.
- A $5.38 million settlement awarded to the victim in Lin v. HMO for birth injury from medical malpractice.
- A $5.1 million settlement awarded to the victim in Patient v. Medical Device Manufacturer for a dangerous surgical device and medical malpractice.
Why You Need a San Francisco Surgical Error Attorney
If you or a loved one experienced a surgical error resulting in injury, complications, or wrongful death, talk to one of our attorneys. Because of the very short one-year statute of limitations, it is critical that you contact an attorney as soon as possible.
Our firm has some of the best medical negligence personal injury attorneys in the country, and we will help you navigate your surgical error case. Though no outcome in a courtroom can undo the injustice done to you or someone you love, a compensatory judgment or pre-trial settlement can help reimburse medical expenses and ease some personal suffering.
With over 50 years of experience in California personal injury and medical malpractice law, Walkup, Melodia, Kelly & Shoenberger have the experience you need. Contact us today for a free surgical error case consultation.