Orange County Surgical Error Attorneys

Advocating for Victims of Surgical Malpractice in Irvine & All of Orange County, CA

Surgical errors are preventable mistakes that occur during surgery and can result in serious injury, complications, or even death. These errors are a form of medical malpractice, as they typically arise from negligence or a failure to follow established medical standards. 

Surgical errors can occur in any type of procedure, ranging from routine surgeries to complex operations, and can have devastating consequences for patients and their families.

If you believe you’ve been a victim of a surgical error, it’s crucial to understand your legal rights and options. When you contact our Orange County surgical error lawyers at the Law Office of Marshall Silberberg, we can help you seek justice and fight for the financial compensation you deserve.

Get started today with a free consultation. Contact our surgical error attorneys in OC at (949) 565-4281 or send us a message online.

Common Types of Surgical Mistakes

A surgical error refers to any mistake made during surgery that could have been avoided if proper procedures had been followed.

Surgical errors can include but are not limited to the following:

• Anesthesia errors: Such errors can include administering the wrong dose, using the wrong type of anesthesia, or failing to monitor the patient closely during the procedure. Anesthesia errors can lead to serious complications such as brain damage, organ failure, and even death.
• Wrong-site surgery: This error occurs when a surgeon operates on the wrong part of the body, either on the wrong side or even on the wrong patient altogether. Such mistakes may sound unimaginable, but they happen more often than you might expect.
• Leaving foreign objects inside the patient: Surgical teams must account for every instrument and piece of material before and after a procedure. However, mistakes still happen. Metal clamps, sponges, and even needles are sometimes left inside a patient. This error creates a dangerous situation that can create infections and internal damage.
• Post-surgical infections: When a medical professional neglects sterilization techniques during surgery, patients are left vulnerable to harmful bacterial infections. Unsanitary surfaces or instruments can create these infections, or bacteria could be present in the operating room.
• Nerve damage: Surgeons must navigate intricate networks of nerves during many procedures. Accidental damage to nerves can lead to chronic pain, loss of sensation, or even paralysis.
• Organ perforation: During surgery, organs near the surgical site can be accidentally perforated or punctured. This can lead to internal bleeding, infection, and the need for additional surgeries.

What Is a “Never Event?”

There are some things that should never occur during surgical procedures. These are called “never events,” which, according to the John Hopkins Medical Malpractice Study, happen no less than 4,000 times per year. The only cause of a never event is extreme negligence on behalf of the surgeon, nurse, or other hospital staff.

A “never event” can include the following examples:

• Leaving a tool or object in a patient
• Performing surgery on the wrong patient
• Performing surgery on the wrong body part

A never event is always considered to be medical malpractice. If you or someone you loved suffered injuries or death in a “never event,” you have the right to file a lawsuit against the at-fault party for damages.

Common Causes of Surgical Errors

The following are several factors that can contribute to surgical errors:

• Communication breakdown: Effective communication among the surgical team is crucial. Misunderstandings or lack of clear communication can result in wrong-site surgeries, incorrect procedures, or errors in medication administration.
• Lack of proper planning: Rushing into surgery without thorough planning can lead to errors. Surgeons must review the patient's medical history, allergies, and specific surgical requirements.
• Fatigue and burnout: Surgeons and medical staff working long hours are at a higher risk of fatigue and burnout, which can impair judgment and motor skills.
• Inadequate training and experience: Surgeons who lack the necessary training or experience for a particular procedure are more likely to make mistakes.
• Distractions in the operating room: The operating room can be a bustling environment with multiple conversations and equipment interactions occurring simultaneously. These distractions can divert a surgeon's attention from the task at hand, increasing the likelihood of errors.
• Equipment malfunctions: Surgical procedures often rely on complex equipment and technology. Malfunctions in surgical tools, monitors, or robotic systems can disrupt the surgery and potentially lead to errors.

You Have the Right to Seek Compensation

If you or a loved one has been a victim of surgical error, you may be entitled to compensation for your damages. 

Damages for a surgical error claim can include:

• Medical expenses
• Lost wages
• Pain and suffering
• And more

To pursue legal action, you must prove that the surgical error happened due to medical malpractice. The legal process involved with pursuing a medical malpractice claim can be complex, so it is essential that you hire an experienced attorney to help you navigate the process effectively. 

Your attorney will be able to carry the legal burden for you while you concentrate on healing, adjusting to your new circumstances, and moving on with your life.

Schedule a Free Consultation to Get Started

Have you or a loved one been the victim of surgical error? If so, it is crucial that you seek the assistance of an experienced attorney. A surgical malpractice attorney in Orange County can help you navigate the complex legal processes that these types of cases involve, hold those responsible accountable, and obtain the compensation you need and deserve.

At the Law Office of Marshall Silberberg, we have a proven track record of achieving multi-million dollar results through successful jury trials and negotiated settlements. With over three decades of experience specializing in medical malpractice cases, our lead trial lawyer is well-equipped to handle your case. 

Rest assured, we have the necessary resources, including a physician on staff and a network of expert consultants, to pursue those responsible for your injuries, pain, and suffering and recover the compensation you need and deserve.

Ready to talk? Call us at (949) 565-4281 or contact us online today to schedule a free, no-obligation consultation with our surgical error lawyers in Orange County.