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Performing the Wrong Surgery | Medical Malpractice Patient Lawsuit


Surgical negligence is defined as any error during a surgical procedure resulting insignificant injury to a patient. In many instance surgeons are tasked with performing more than a dozen procedures every day; such a grueling schedule often leads to medical mistakes including the performance of a surgery on the wrong patient, or performance of a wrong surgery on a patient. Lawsuit - Performing the Wrong Surgery or On the Wrong PatientCommon procedures where doctors perform the wrong type of surgery include, biopsy, knee and hip replacement surgery, amputations, corneal eye surgery, open heart surgery, craniotomy, liposuction and other cosmetic surgeries. Victims of medical malpractice have a right under the law to recovery for all losses including cost of medical care, rehabilitation, future medical treatment including corrective medical procedures, pain and suffering and lost wages.

Common Wrongful Surgery Errors

  1. Performing a procedure on the wrong side of the body
  2. Performing surgery on the wrong patient.
  3. Nerve damage resulting from surgical error
  4. Anesthesia errors
  5. Leaving foreign objects in the wrong body
  6. Wrong surgical procedure performed on a patient
  7. Removal of the Wrong Organ
  8. Unnecessary surgery for financial benefit

What is Medical Malpractice

Medical malpractice is defined under common law as a failure of a medical physician to appropriate care as established by other doctors within his specialty resulting in injury to the patient. Compensation In a Medical Malpractice Lawsuit: Victims of medical malpractice have a right to compensation for all losses arising from the negligence or intentional actions of medical professionals including

  • All medical and health related costs
  • Future medical expenses and rehabilitation care
  • Lost wages and loss of future income
  • Cost of disability care
  • Pain and Suffering including emotional distress

California Medical Malpractice Laws – Caps on Recovery: In 1975 California passed the Medical Injury Compensation Reform Act placing a cap of $250,000on the amount of non-economic damages a victim of personal injury due to medical malpractice can reclaim. Non economic damages in personal injury lawsuits include Pain and Suffering, Post Traumatic Stress and Punitive Damages.

What Should I Do After A Wrongful or Mistaken Surgery:

The actions you take immediately after a wrongful surgical procedure can make or break your case against your surgeon. Here are some steps to take immediately after medical malpractice

  • Seek medical attention immediate – seek out a second opinion or the appropriate specialist
  • Obtain all hospital records – Secure all medical records
  • Consult with e medical malpractice attorney

Legal Assistance: If you have any other questions regarding medical malpractice claims contact our law offices toll free (855) 339-8879. All consultations with our attorneys regarding your medical malpractice claim are free of charge.

Further Information: Medical Malpractice Statute of Limitations To Fie a Lawsuit Sings of Medical Malpractice

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