Surgical errors should never happen. Surgeons literally have patients’ lives in their hands. They should perform their jobs with the utmost attention and highest standards of care. Surgeries aren’t solo operations – they involve a team of nurses, assistants, anesthesiologists, and staff members.
A slip-up from any one of these parties can be fatal to the patient on the operating table. At Henshaw & Henry, PC we make it our duty to bring medical professionals and facilities that make negligence-related mistakes to justice. If you think you are the victim of a surgical error in San Jose, we are the law firm for you.
Surgical errors and other forms of medical malpractice can be difficult to prove. Some surgeons may try to pass off complications as “normal” or “foreseeable” risks of a surgery. If the surgeon did not warn you of the injuries you sustained as a possible risk beforehand, it may have been a complication that arose out of negligence. Other errors are glaringly obvious examples of malpractice, such as operating on the wrong patient, the wrong body part, or performing the wrong surgery. Common surgical errors include:
Any of these mistakes can result in poor patient outcome and even death. If you have any reason to suspect negligence played a role in your recent surgery-related injuries, retain a high-quality attorney right away. You may need to go up against the surgeon, the hospital, and/or a third party in pursuit of compensation. Skilled lawyers can gather any evidence of malpractice, hire expert witnesses to testify, and take other measures to help clients prove surgical errors. At Henshaw & Henry, PC we have the resources and experience to take your claim where it needs to go.
Surgical errors can have drastic effects on unsuspecting patients. Patients may suffer worsened prognoses and health problems because of preventable mistakes. Injuries can vary from infections to permanent disability. If a loved one died because of a surgical error, you may have grounds for a wrongful death lawsuit against the surgeon or the hospital. In California, you have one year from the date of the discovery of the injury, or three years from the date of the injury (whichever comes first) to file a medical malpractice claim for surgical errors. The sooner you talk to our attorneys, the better.
There are many steps involved in suing someone for a surgical error. You must give a notice to the healthcare provider you believe is responsible for your harm at least 90 days prior to filing the lawsuit. You must include your legal basis for the claim, and a description of your injuries and losses. You must file your claim within the deadline or risk giving up the chance to file at all. During pre-trial motions and trials, you have to prove the defendant’s negligence and the extent of your damages.
All of these processes are much easier with a San Jose attorney by your side. To learn more, contact Henshaw & Henry, PC.