Facing a Surgical Mistake

Undergoing surgery is stressful. You trust your medical team to deliver safe, competent care. When a surgical error happens, it can leave you feeling overwhelmed and unsure where to turn. In California, patients have specific rights and protections if a mistake during surgery causes harm. Knowing what qualifies as a surgical error and how state laws apply can help you feel empowered to seek answers and accountability.

If you have questions about your situation or want to learn more about your options, our medical malpractice team at Attain Law is ready to listen.

Defining Surgical Errors

A surgical error is a preventable mistake that occurs before, during, or after a surgical procedure. Not all complications are errors—many risks are inherent to surgery. However, when a surgeon or surgical staff member fails to follow proper protocols, or acts below the accepted standard of care, the results can be severe.

Examples of surgical errors include:

• Operating on the wrong body part
• Leaving surgical instruments inside the patient
• Causing unintended damage to nearby organs or tissues
• Administering the wrong dose of anesthesia
• Failing to monitor the patient’s vital signs
• Infection due to lack of sterilization

To explore other types of medical malpractice, such as diagnostic errors or anesthesia mistakes, see our related pages.

California Laws and Patient Protection

California law places strong emphasis on patient safety. The state’s medical malpractice statutes set the rules for pursuing claims related to surgical errors. Key points include:

• Standard of Care: California requires that surgeons and medical staff provide care consistent with what a reasonably careful professional would do in similar circumstances.
• Time Limits: You generally have up to one year from the date you discover (or reasonably should have discovered) the injury to start a claim. In no case can you file more than three years after the injury, with some exceptions for minors or cases involving fraud.
• Mandatory Arbitration: Some medical groups in California require arbitration for malpractice claims, affecting how cases proceed.
• Damages Cap: Non-economic damages (for pain and suffering) are capped by the Medical Injury Compensation Reform Act, but economic damages like lost wages or medical bills are not.
• Disclosure Requirements: California law requires doctors to inform patients of mistakes when they occur.

Other forms of malpractice—such as medication errors or birth injuries—are also governed by these standards.

Hospital and Employer Duties

Hospitals and medical employers in California are responsible for:

• Hiring qualified surgeons and staff
• Ensuring proper training and ongoing education
• Maintaining clean, safe operating rooms
• Enforcing checklists and safety protocols to reduce errors
• Responding promptly to mistakes and reporting them as required by law

Hospitals may share liability for errors made by their employees or contractors. For more on hospital obligations in malpractice cases, visit our failure to treat and premises liability pages.

What You Can Do Next

If you believe you or a loved one has been harmed by a surgical error in California:

• Request a complete copy of your medical records
• Write down as much as you can remember about the surgery and what went wrong
• Save any correspondence with your healthcare provider
• Avoid discussing your case with hospital representatives or insurers until you have legal advice

You can also review our article on how to file a surgical error malpractice claim for a breakdown of the legal process.

Know Your Damages

Victims of surgical errors in California may be entitled to compensation for:

• Medical expenses (current and future)
• Lost income or earning capacity
• Additional surgeries or rehabilitation
• Pain and suffering (subject to state limits)
• Emotional distress

Our team can help you understand what damages may apply in your case. To learn how compensation is calculated, see our page on understanding compensation for birth injury cases.

Frequently Asked Questions about Surgical Errors in California

What qualifies as a surgical error in California? A surgical error is a preventable mistake during a procedure that falls below the standard of care, such as operating on the wrong site or leaving instruments inside the patient.

How long do I have to file a surgical error claim in California? Generally, you have one year from when you discover the injury, but no more than three years from the date of the surgery, except for specific exceptions.

Are damages for pain and suffering capped in California surgical error cases? Yes, California law limits non-economic damages in medical malpractice cases, including surgical errors, but economic damages like medical bills are not capped.

Can a hospital be held responsible for a surgeon’s mistake? Yes, hospitals can be held liable if the surgeon was an employee or if the hospital failed to meet its duties regarding patient safety and staff oversight.

What should I do after a surgical error? Collect all medical records, document your experience, and consult an attorney before speaking with insurers or hospital representatives.

Get Trusted Legal Help

Surgical errors can change your life in an instant. You deserve answers, support, and compassionate legal guidance. If you have questions about a possible surgical error case in California, contact Attain Law for a free consultation at (888) 970-8627 or contact us today for a free consultation. We’re here to support you every step of the way.

Disclaimer: This is an advertisement. The information provided is for general purposes only and is not legal advice. Consult a qualified attorney for your specific case. Attain Law cannot guarantee outcomes, as results vary by situation.

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