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When is a surgical error considered medical malpractice?

Prior to undergoing any type of schedule medical operation, most patients must first be cleared for the surgery, and sign a consent form for the intended surgery.  Signing a consent form often acknowledges certain risks, which a doctor may review with a patient.  However, while some risks may be accepted, this does not mean that when surgery goes wrong that patients are without recourse. 

In fact, surgical errors are one of the leading types of medical malpractice.  A poor outcome, including a known risk, may not constitute medical negligence.  However, various types of surgical errors may.  These include cuts, punctures or nicks of nearby organs or body parts, operations on the wrong body part, leaving in surgical instruments or sponges, and several other actions that fall below the expected conduct of a surgeon.  When these errors occur and harm a patient, it may be possible to file a claim for medical malpractice. Surgical errors often lead to catastrophic injuries such as paralysis, brain injury and even death.  By filing a medical malpractice lawsuit based on a surgical error, it may be possible to recover damages for the harm caused.

For more information concerning surgical errors or if you believe you or someone you love has sustained harm due to any type of medical malpractice, please contact the dedicated Los Angeles medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.



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