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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.

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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.

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