NO RECOVERY, NO FEE
(855) 339-8879
FREE CONSULTATION

Surgery Malpractice Lawyer | Operation Error Lawsuit


Any surgery comes with its own inherent list of potential issues, but what happens when the surgery fails because of the doctors negligence? Who is responsible for your injuries? What are you required to do in the event that your doctor has committed surgical malpractice? These are all issues which will be discussed in this article. Remember in California you have one year from the date of the injury to file a lawsuit for your injuries. You must also file a 90-day letter before commencing litigation against the defendant unless certain exceptions apply.

Liability for Surgical Malpractice

Medical Malpractice Claim form Surgery ErrorDoctors like any other professional will be liable for surgical malpractice if they perform the procedure incorrectly. This type of liability is categorized under negligence. To prove a case for negligence you must show a number of elements including, duty, breach, causation and damages. Negligence occurs when the surgeon provides a sub standard level of care to the patient. When the surgeon fails to give the patient adequate care while performing a surgery they are liable for surgical malpractice. Elements for a negligence claim includes (1) duty; (2) breach; (3) causation; and (4) damages. Duty: A doctor owes a duty to any of his patients to act in a manner consistent with his profession. Each person is judged according to their position or knowledge. Thus a surgeon would have a duty to perform the surgery in the same manner as a surgeon with similar training and experience. Failure to meet that requirement is a breach of that duty. Breach: Breach occurs when that particular duty is breached or not satisfied. When the doctor fails to perform the procedure in the manner which they were supposed to, it is considered a breach of that duty. If the doctors does not perform the surgery as intended they will be in breach of their duty. Causation: Causation looks at the cause of the accident. Was the surgeon responsible for the injury you sustained? This element looks at the course of action by the performing doctor. Damages: For you to bring a cause of action there must be some type of injury sustained as a result of the surgical malpractice of the doctor. This element of the claim can vary depending on the type of surgery and takes into consideration future damages and medical care costs as well.

Call (888) 649-7166 to schedule a free legal consultation.

The Ultimate Guide to Medical Malpractice

Medical Malpractice Attorney
Medication Errors Attorney

Medical Device Defect Injury Attorney
Transvaginal Mesh Attorney
Defective Pharmaceutical Drugs

Doctor Committed Medical Malpractice

Kugel Mesh Patch Complication Injuries
DePuy Hip Replacement Attorney
DePuy ASR Hip Replacement FAQ
Gallbladder Surgery Malpractice Attorney
C-Section Malpractice Attorney
Hysterectomy Malpractice Attorney
Nerve Injuries Due to Medical Malpractice
Wrongful Death Medical Malpractice Attorney
Kaiser Malpractice Attorney
Delayed Diagnosis Lawsuit
Operation Error Lawsuit

Botched Bris Attorney
Circumcision Injury Physician Malpractice

Dental Malpractice Attorney
Dental Implants Malpractice claim
Liposuction Malpractice Lawyer
Plastic Surgery Medical Malpractice Attorney
Podiatrist Malpractice Attorney
Dermatologist Malpractice Attorney

Medical Malpractice After a Car Accident
Transvaginal Mesh – Surgeon Liability

Filing Deadlines for Surgical Medical Malpractice

In California you have 1 year from the date of the injury to file a lawsuit. This 1 year statute of limitations requires that you pursue your claim within 1 year or be barred from bringing  claim for damages. However before you are permitted to file your claim you must also file a 90-day letter with all defendants. This 90-day letter will essentially give notice to the defendants that you intend to file a lawsuit for injuries you sustained as a result of their negligence. Once the 90-day letter is filed that statute of limitations is frozen for 90-days and will not move forward until that time period has expired at which point you must file a formal complaint. Medical malpractice laws cap pain and suffering at certain levels. It is important to speak with your attorney regarding this in order to fully understand what the potential value of your medical malpractice claim may be. Contact Downtown L.A. Law with any questions regarding your case we are available to answer any of your questions.

Over $350 Million Recovered
for Our Clients

Learn More

YOU Deserve the Best
Free Case Review 24/7
You Don’t Pay unless we win
Call 855.385.2529


  • This field is for validation purposes and should be left unchanged.

By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 am PST – 9:00 pm PST). This is so that we may reach you as soon as possible in order to consult on your potential case.

ultimate guide uber lyft accidents

I had a previous attorney who failed me miserably. I reached to this Law group and it was the best decision I made. Very caring and understanding staff. Recommend this to law group to everyone.”

⋆⋆⋆⋆⋆

Lesley Portillo

Free Case Review 24/7
You Don’t Pay Unless You Win
Call 855.385.2529


  • This field is for validation purposes and should be left unchanged.
By submitting this form, you agree to receive telephone calls and text messages at anytime, which include hours outside of business hours (8:00 am PST – 9:00 pm PST). This is so that we may reach you as soon as possible in order to consult on your potential case.

Address:

LOS ANGELES OFFICE
4113 Clinton Ave,
Los Angeles, CA 90004
855-339-8879
info@downtownlalaw.com

BAKERSFIELD OFFICE
2005, Eye Street, Suite 4
Bakersfield, CA 93301
661-219-7455

MODESTO OFFICE
3430 Tully Road
Modesto, California 95350
209-353-4493

ORANGE COUNTY OFFICE
2372 Morse Ave.
Irvine, California 92614
949-627-8725

SAN DIEGO OFFICE
01 West Broadway
San Diego, California 92101
619-413-0161

SAN FRANCISCO OFFICE
1 Sansome St. Suite 3500-11
San Francisco, California 94104
650-651-5006

VENTURA OFFICE
701 E Santa Clara St
Ventura, California 95816
805-292-0367

INLAND EMPIRE OFFICE
7121 Magnolia Ave
Riverside, California 92504
909-340-3929

VICTORVILLE OFFICE
13782 Bear Valley Rd.
Victorville, California 92392
760-563-4384

FRESNO OFFICE
5588 N Palm Ave
Fresno, California 93704
559-556-0227

SAN FRANCISCO OFFICE
388 Market St #1300
San Francisco, California 94111
415-362-6079

SACRAMENTO OFFICE
1601 Alhambra Blvd
Sacramento, California 95816
916-931-1965

SAN FRANCISCO OFFICE
1 Sansome St. Suite 3500-11
San Francisco, California 94104
650-651-5006


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Follow us
© All Rights Reserved