When a loved one enters surgery, families trust that medical professionals will uphold the highest standards of care. In Glendale, California, surgical errors that result in wrongful death represent a devastating breach of this trust, leaving families to navigate both profound grief and complex legal questions about accountability and justice.
Surgical errors causing wrongful death occur when preventable mistakes during an operation directly lead to a patient’s death. These cases involve serious lapses in medical judgment, technique, or protocol that fall below the accepted standard of care in the surgical community. Unlike natural complications that can occur despite proper care, surgical errors stem from negligence, miscommunication, or systemic failures within the healthcare setting. California law provides specific pathways for families to seek justice when a surgical error takes a life, but these cases require both medical and legal expertise to navigate successfully. A Glendale surgical error wrongful death lawyer understands the intersection of medical malpractice and wrongful death law, providing families with the guidance needed to hold negligent parties accountable while securing compensation to address the financial and emotional aftermath of their loss.
At Life Justice Law Group, our Glendale surgical error wrongful death attorneys have dedicated their practice to representing families devastated by preventable medical mistakes. We understand that no legal outcome can restore your loved one, but we also know that accountability matters and that your family deserves answers, justice, and the financial resources to move forward. We offer free consultations and case evaluations, and we work on a contingency fee basis, which means your family pays no fees unless we win your case. Call us today at (480) 378-8088 to speak with a compassionate attorney who will listen to your story and explain your legal options.
Understanding Surgical Errors That Lead to Wrongful Death
Surgical errors represent a category of medical mistakes that occur during operative procedures and result from human error, systemic failures, or negligence rather than unavoidable complications. When these errors directly cause a patient’s death, they form the basis for a wrongful death claim under California law.
Not every death during or after surgery constitutes a wrongful death. Patients face inherent risks during any surgical procedure, and some complications occur despite proper care. The distinction lies in whether the death resulted from a preventable error that breached the standard of care. California courts define the standard of care as the level of skill, knowledge, and care that a reasonably competent medical professional in the same specialty would provide under similar circumstances. A surgical error becomes wrongful death when the surgeon, anesthesiologist, nurse, or other medical professional fails to meet this standard, and that failure directly causes the patient’s death.
These cases often involve complex medical evidence, multiple healthcare providers, and institutional policies that contributed to the fatal error. Families need legal representation that understands both the medical and legal dimensions of these cases to build a compelling claim.
Types of Surgical Errors That Can Cause Wrongful Death
Surgical errors that lead to death take many forms, each involving distinct failures in medical judgment, technique, or protocol. Understanding these categories helps families recognize when a preventable mistake has occurred.
Wrong-Site or Wrong-Procedure Surgery
Operating on the wrong body part or performing the wrong procedure entirely represents one of the most egregious surgical errors. Despite established safety protocols requiring multiple verification steps, these mistakes still occur and can be fatal, particularly when the correct procedure was time-sensitive or when the wrong procedure causes catastrophic harm.
When a patient dies because surgery was performed on the wrong site or the wrong procedure was conducted, it demonstrates a complete breakdown in surgical safety protocols. California medical facilities are required to follow established verification procedures before any incision, making these errors particularly indefensible.
Anesthesia Errors
Anesthesia mistakes account for a significant percentage of surgical deaths. These errors include administering too much or too little anesthesia, failing to monitor the patient’s vital signs adequately, neglecting to review the patient’s medical history for contraindications, or improperly managing the patient’s airway during the procedure.
Anesthesia errors can cause brain damage from oxygen deprivation, cardiac arrest, stroke, or respiratory failure. Because anesthesia affects critical life functions, even brief lapses in monitoring or dosing can prove fatal. Anesthesiologists and nurse anesthetists must maintain constant vigilance throughout the procedure, and failure to do so constitutes negligence when death results.
Surgical Technique Errors
Mistakes in surgical technique during the operation itself can directly cause death. These include accidentally cutting or puncturing vital organs, blood vessels, or nerves, failing to control bleeding during the procedure, removing the wrong organ or tissue, or performing the surgery improperly due to inadequate training or experience.
These errors often reflect either a lack of surgical skill or momentary inattention during critical phases of the operation. When a surgeon’s technique falls below what other competent surgeons would provide, and the patient dies as a result, it establishes the negligence necessary for a wrongful death claim.
Retained Surgical Instruments or Materials
Leaving surgical instruments, sponges, or other materials inside a patient after closing the incision can cause fatal infections, internal bleeding, or organ perforation. Surgical teams use standardized counting procedures to prevent these incidents, but failures in communication or documentation still allow these errors to occur.
A retained object can cause immediate complications or develop into a fatal infection over days or weeks following surgery. These cases often involve multiple parties, including the surgeon, surgical nurses, and the healthcare facility that failed to enforce proper counting protocols.
Post-Operative Care Failures
Inadequate monitoring or care after surgery can turn manageable complications into fatal outcomes. Post-operative errors include failing to monitor vital signs adequately, missing signs of internal bleeding, infection, or other complications, providing inadequate pain management that masks serious symptoms, or discharging the patient too early before stabilization.
Many surgical deaths occur not during the operation itself but in the hours and days following surgery when proper monitoring could have detected and addressed developing complications. Healthcare providers have a duty to provide appropriate post-operative care, and failure to do so can constitute negligence when death results.
Legal Basis for Surgical Error Wrongful Death Claims in California
California law provides the framework for families to seek justice when a surgical error causes a loved one’s death. Understanding this legal foundation helps families recognize their rights and the requirements for pursuing a claim.
Wrongful death claims in California are governed by the California Code of Civil Procedure Section 335.1 and California Code of Civil Procedure Section 377.60. These statutes establish who can file a claim, what damages can be recovered, and the timeframe for taking legal action. When the wrongful death stems from medical malpractice, including surgical errors, additional requirements under California’s medical malpractice laws apply.
Medical Malpractice Standard of Care
To succeed in a surgical error wrongful death case, families must prove that the healthcare provider breached the medical standard of care. This requires demonstrating what a reasonably competent medical professional in the same specialty would have done under similar circumstances, and showing that the defendant’s actions fell below this standard.
California courts require expert medical testimony to establish the standard of care in surgical cases. These experts, typically surgeons or other specialists in the same field, review the medical records and explain to the court what proper care should have entailed and how the defendant’s care deviated from accepted practices.
Causation Requirements
Proving that the surgical error caused the death is essential. California law requires families to show that the breach of the standard of care was a substantial factor in causing the patient’s death. This means demonstrating a direct link between the negligent action and the fatal outcome.
Causation can become complex when patients have pre-existing conditions or when multiple factors contributed to the death. Medical expert testimony plays a crucial role in establishing this causal connection, explaining how the surgical error specifically led to the fatal outcome rather than natural disease progression or unavoidable complications.
Who Can File a Wrongful Death Claim for a Surgical Error in California
California law strictly limits who has the legal standing to file a wrongful death claim. Understanding these rules ensures that the proper parties bring the claim and that all eligible family members are included.
Under California Code of Civil Procedure Section 377.60, the following individuals can file a wrongful death claim: the surviving spouse or domestic partner of the deceased, the surviving children of the deceased, and if there is no surviving spouse or children, other surviving heirs who would inherit the estate under California intestacy laws, including parents, siblings, or other relatives. Only one wrongful death lawsuit can be filed per death, so all eligible parties typically join together in a single action.
Personal Representative and Survival Actions
In addition to the wrongful death claim, the personal representative of the deceased person’s estate can file a survival action under California Code of Civil Procedure Section 377.30. This separate claim seeks compensation for the losses the deceased person experienced before death, including medical expenses, pain and suffering before death, and lost earnings between the injury and death.
The survival action belongs to the estate and becomes part of the assets distributed according to the will or intestacy laws. While the wrongful death claim compensates the family members for their own losses, the survival action compensates for what the deceased person endured and lost.
Importance of Including All Eligible Parties
Because only one wrongful death lawsuit can be filed, identifying and including all eligible family members from the outset is critical. If a family member with standing is excluded, they may lose their right to compensation or complicate the case with additional legal proceedings.
A Glendale surgical error wrongful death lawyer will help identify all eligible parties and ensure the claim properly represents every family member’s interests. This comprehensive approach maximizes the compensation available and prevents future disputes among family members.
Damages Available in Glendale Surgical Error Wrongful Death Cases
California law allows families to recover various types of compensation in wrongful death cases stemming from surgical errors. These damages aim to address both the economic and emotional impact of losing a loved one to medical negligence.
Economic Damages
Economic damages compensate for measurable financial losses resulting from the death. These include funeral and burial expenses, medical bills incurred before death, the loss of the deceased person’s expected future earnings and benefits, the loss of household services the deceased would have provided, and the value of gifts or financial support the deceased would have given to family members.
Calculating future economic losses requires careful analysis of the deceased person’s age, health, earning capacity, career trajectory, and life expectancy. Economic experts often provide testimony regarding these calculations to ensure families receive fair compensation for the financial support they have lost.
Non-Economic Damages
Non-economic damages address the intangible losses that families suffer. These include loss of companionship, comfort, and protection that the deceased provided, loss of love, affection, and moral support, grief and emotional distress, and loss of guidance, training, and education that the deceased would have provided to children.
California law does not cap non-economic damages in wrongful death cases, unlike standard medical malpractice cases where non-economic damages are limited to $250,000 under the Medical Injury Compensation Reform Act (MICRA). This distinction is important because it allows families to seek full compensation for their emotional losses when a surgical error causes death.
Punitive Damages
In rare cases involving particularly egregious conduct, families may seek punitive damages designed to punish the defendant and deter similar behavior. California Civil Code Section 3294 allows punitive damages when the defendant acted with malice, oppression, or fraud.
Surgical error cases rarely meet this high standard, but exceptions exist when a surgeon operated while impaired, knowingly performed a procedure without proper training or credentials, or intentionally disregarded known risks that led to death. Your attorney can assess whether punitive damages may apply to your specific case.
The Statute of Limitations for Surgical Error Wrongful Death Claims
Time limits for filing wrongful death claims are strictly enforced in California. Missing these deadlines typically means losing the right to pursue compensation permanently.
Under California Code of Civil Procedure Section 335.1, families generally have two years from the date of death to file a wrongful death lawsuit. This deadline applies regardless of when the family discovered the surgical error or when they realized they had a valid claim. The statute runs from the date of death, not the date of the surgery or when the error occurred.
Medical Malpractice Discovery Rule
California medical malpractice cases also follow a discovery rule under California Code of Civil Procedure Section 340.5, which provides one year from the date the plaintiff discovers, or through reasonable diligence should have discovered, the injury and its negligent cause. However, this cannot extend beyond three years from the date of injury except in cases of fraud, intentional concealment, or foreign objects left in the body.
In surgical error wrongful death cases, courts typically apply the two-year wrongful death statute since the death itself puts the family on notice that something went wrong. The discovery rule rarely extends the deadline in these cases, making prompt legal action essential.
Exceptions and Special Circumstances
Limited exceptions can extend filing deadlines. If the defendant fraudulently concealed the error, the statute may be tolled until the family discovered or should have discovered the fraud. If the deceased was a minor at the time of death, different rules may apply. If the case involves a government hospital or healthcare facility, special notice requirements and shorter deadlines apply under the California Tort Claims Act.
These exceptions are narrow and rarely applied. Families should not count on qualifying for an exception and should instead seek legal counsel immediately to ensure their claim is filed within the standard deadline.
How Surgical Error Wrongful Death Cases Are Proven
Building a successful surgical error wrongful death case requires extensive evidence, expert testimony, and a thorough understanding of both medical and legal standards. The burden of proof rests on the family to demonstrate that negligence occurred and caused the death.
Establishing the Standard of Care
The first element requires proving what the appropriate standard of care was for the specific surgical procedure and circumstances. This is accomplished through expert medical testimony from surgeons or specialists in the same field who can explain what a competent professional would have done.
These experts review the medical records, operative reports, and other documentation to understand what happened during the surgery. They then provide opinions on what proper care should have entailed, including pre-operative planning, surgical technique, anesthesia management, and post-operative monitoring.
Demonstrating the Breach
Once the standard of care is established, the family must prove that the defendant’s actions fell below this standard. This involves showing specific errors or omissions that deviated from accepted medical practices.
Medical records, surgical logs, nurse’s notes, and anesthesia records provide the documentary evidence of what occurred. Expert witnesses analyze these records to identify where the care deviated from proper standards, whether through technical mistakes, failures in judgment, or lapses in monitoring and communication.
Proving Causation
The family must demonstrate that the breach of the standard of care directly caused the death. This requires medical evidence showing that the surgical error was a substantial factor in causing the fatal outcome.
Autopsy reports, pathology findings, and post-mortem examinations often provide critical evidence of causation. Medical experts testify about how the error led to the specific complications that caused death, distinguishing between the effects of the negligence and other factors such as pre-existing conditions.
Calculating Damages
The final element involves proving the extent of damages suffered by the family. This requires both economic evidence such as financial records, employment history, and expert economic testimony, and testimony from family members about the emotional impact and loss of companionship.
The plaintiff’s attorney presents comprehensive evidence of both economic and non-economic losses to ensure the jury understands the full impact of the death on the family. This often includes testimony from family members, friends, and experts in economics or life care planning.
Common Defenses in Surgical Error Wrongful Death Cases
Healthcare providers and their insurance companies defend against surgical error wrongful death claims using various legal strategies. Understanding these defenses helps families anticipate challenges and prepare accordingly.
Informed Consent Defense
Defendants often argue that the patient was informed of the risks and consented to the surgery despite those risks. Under California law, healthcare providers must obtain informed consent before performing surgery, explaining the nature of the procedure, the risks and benefits, and alternative treatments.
However, informed consent does not protect against negligence. The consent covers known risks that may occur despite proper care, not errors that result from substandard care. If the surgical error was not one of the disclosed risks but instead a preventable mistake, the informed consent defense fails.
Contributory Negligence
Defendants may claim the patient contributed to their own death by failing to follow pre-operative instructions, providing incomplete medical history, or ignoring post-operative care instructions. California follows a comparative fault system under California Civil Code Section 1714, which reduces the plaintiff’s recovery by their percentage of fault.
This defense has limited application in surgical error cases because the patient is typically unconscious during the operation and under the healthcare provider’s complete control. However, if the patient’s actions before or after surgery contributed to the fatal outcome, the defense may reduce the available damages.
Causation Disputes
Defendants frequently argue that pre-existing conditions, not the surgical error, caused the death. They may present their own medical experts who testify that the patient would have died regardless of the alleged error due to the severity of their underlying condition.
Overcoming this defense requires strong medical expert testimony establishing that the surgical error was a substantial factor in causing death, even if the patient had pre-existing health issues. The plaintiff must show that the patient would have survived, or had a significantly better chance of survival, if proper care had been provided.
Statute of Limitations
If the family delayed in filing the lawsuit, defendants will raise the statute of limitations as a complete defense. They may argue that the two-year deadline passed before the complaint was filed, barring the claim entirely.
This defense emphasizes the importance of prompt legal action. Once the statute of limitations expires, courts typically have no choice but to dismiss the case, regardless of the strength of the underlying claim.
The Role of Medical Experts in Surgical Error Wrongful Death Cases
Medical expert testimony is not just helpful in surgical error wrongful death cases, it is legally required. California law mandates that plaintiffs present expert medical testimony to establish the standard of care, breach, and causation in medical malpractice cases.
Qualifying Medical Experts
California Evidence Code Section 720 requires that expert witnesses have special knowledge, skill, experience, training, or education sufficient to qualify them as experts on the subject matter. In surgical error cases, experts typically must be physicians practicing in the same or similar specialty as the defendant.
The court evaluates each expert’s qualifications before allowing them to testify. Defendants often challenge plaintiff’s experts, arguing they lack sufficient experience or expertise in the specific type of surgery involved. Selecting highly qualified experts with impeccable credentials is essential to surviving these challenges.
Expert Review and Opinion
Medical experts thoroughly review all medical records, imaging studies, laboratory results, and other evidence related to the surgery and death. They analyze this information against the standard of care and form opinions about whether negligence occurred and caused the death.
These experts typically provide a written report detailing their findings and opinions. During depositions and trial, they explain their conclusions to attorneys and the jury in language that non-medical people can understand, making complex medical concepts accessible.
The Battle of Experts
Defendants also retain medical experts who review the same records and typically conclude that proper care was provided. These defense experts may argue that the surgical error was not actually an error but rather an unavoidable complication, or that even if an error occurred, it did not cause the death.
The credibility and persuasiveness of the competing experts often determines the outcome of the case. Juries must decide which expert’s testimony is more reliable and convincing, making the selection and preparation of plaintiff’s experts one of the most critical aspects of these cases.
Costs of Expert Testimony
Medical experts charge substantial fees for record review, report preparation, deposition testimony, and trial testimony. These costs can run into tens of thousands of dollars in complex surgical error cases involving multiple experts.
Experienced wrongful death attorneys typically advance these costs on behalf of their clients, recovering them from the settlement or verdict. Families should not let expert costs prevent them from pursuing a valid claim, as reputable attorneys handle these expenses as part of their contingency fee arrangement.
The Process of Filing a Surgical Error Wrongful Death Lawsuit
Understanding the litigation process helps families prepare for what lies ahead when pursuing a surgical error wrongful death claim. These cases follow a structured legal process that can take months or years to complete.
Initial Investigation and Case Evaluation
Before filing a lawsuit, attorneys conduct a thorough investigation to determine if a viable claim exists. This involves obtaining and reviewing all medical records, consulting with medical experts for preliminary case evaluation, identifying all potentially liable parties, and assessing damages and the strength of the evidence.
This investigation phase typically takes several weeks to a few months. Attorneys use this time to build a foundation for the case and ensure that filing a lawsuit is warranted based on the evidence.
Filing the Complaint
Once the attorney determines that a valid claim exists, they prepare and file a formal complaint with the Superior Court in the appropriate California county. The complaint identifies the defendants, describes the surgical error and how it caused death, alleges specific legal claims for wrongful death and potentially medical malpractice, and demands compensation for the family’s losses.
Filing the complaint officially begins the lawsuit and starts the clock for the defendants to respond. California requires that the complaint be served on each defendant, giving them notice of the legal action.
Discovery Phase
After the defendants file their answers to the complaint, the case enters the discovery phase. This is the most time-consuming part of the litigation, often lasting a year or more. Discovery includes document requests for medical records, hospital policies, and internal communications, interrogatories which are written questions each side must answer under oath, depositions of parties, witnesses, and expert witnesses, and requests for admission where parties must admit or deny specific facts.
Discovery allows both sides to gather evidence, understand the opposing party’s case, and prepare for trial. It often reveals critical information about what happened during the surgery and why the error occurred.
Expert Depositions and Reports
Both sides must disclose their expert witnesses and provide expert reports detailing their opinions. These experts are then deposed, giving the opposing side an opportunity to question them about their opinions and credentials.
Expert depositions are critical because they lock in the expert’s testimony and reveal the strength of each side’s case. Attorneys use these depositions to assess settlement value and prepare cross-examination strategies for trial.
Mediation and Settlement Negotiations
Most surgical error wrongful death cases settle before trial. Courts often require mediation, where a neutral third party facilitates settlement discussions. Many cases resolve during mediation or through direct negotiations between attorneys.
Settlement offers the advantages of certainty, faster resolution, and avoiding the emotional toll of trial. However, families should not feel pressured to accept inadequate settlement offers. Experienced attorneys advise clients on whether settlement offers are fair based on the case’s value.
Trial
If the case does not settle, it proceeds to trial before a judge and jury. Trials in complex medical malpractice cases typically last one to three weeks and involve opening statements, presentation of evidence through witness testimony and exhibits, cross-examination of witnesses including expert witnesses, closing arguments, and jury deliberations and verdict.
The jury determines whether the defendant was negligent, whether that negligence caused the death, and what damages the family should receive. If the verdict favors the plaintiff, the court enters judgment for that amount.
Appeals
Either party may appeal the verdict if they believe legal errors occurred during the trial. Appeals can add months or years to the case, though most verdicts are upheld on appeal.
Families should understand that receiving compensation may take time even after a favorable verdict if the defendant appeals. However, most cases eventually resolve with the family receiving the compensation awarded by the jury or through post-trial settlement.
Choosing a Glendale Surgical Error Wrongful Death Lawyer
Selecting the right attorney significantly impacts the outcome of your case. Surgical error wrongful death claims require specific expertise that not all personal injury attorneys possess.
Experience in Medical Malpractice
Look for attorneys who regularly handle medical malpractice cases, particularly those involving surgical errors. These cases require understanding medical terminology, surgical procedures, and healthcare standards that general personal injury attorneys may not possess.
Ask potential attorneys about their specific experience with surgical error cases, their success rate, and the results they have achieved for other families. Attorneys with a track record in this specialized area are better equipped to navigate the medical and legal complexities of your case.
Resources to Handle Complex Litigation
Surgical error wrongful death cases require significant financial resources to pursue effectively. Attorneys must advance costs for medical record retrieval, expert witness fees, court filing fees, deposition transcripts, and trial exhibits and technology.
Ensure the attorney or law firm you choose has the financial capacity to fund these expenses throughout the litigation. Underfunded attorneys may be unable to retain the best experts or fully develop your case, compromising its value.
Trial Experience
While most cases settle, your attorney must be prepared and willing to take your case to trial if settlement negotiations fail. Insurance companies know which attorneys will actually try cases and which will accept low offers to avoid trial.
Ask potential attorneys about their trial experience in medical malpractice cases. Attorneys with proven trial skills can negotiate better settlements because defendants know they will face a formidable opponent in court if necessary.
Compassion and Communication
Beyond legal skills, your attorney should demonstrate genuine compassion for your family’s loss and maintain clear, regular communication throughout the case. Wrongful death cases are emotionally challenging, and you need an attorney who understands the personal toll while keeping you informed about case developments.
During initial consultations, assess whether the attorney listens to your concerns, explains legal concepts clearly, and treats you with respect and empathy. You will work with this person for months or years, so choose someone you trust and feel comfortable with.
Why Families Choose Life Justice Law Group
At Life Justice Law Group, we understand that no legal victory can replace your loved one or erase the pain of loss. However, we also recognize that accountability matters and that your family deserves justice and the financial resources to rebuild.
Our Glendale surgical error wrongful death attorneys have dedicated their careers to representing families devastated by medical negligence. We bring extensive experience in medical malpractice litigation, a network of respected medical experts, and a track record of substantial recoveries for our clients. We handle every case with the compassion it deserves while pursuing accountability with determination.
We work exclusively on a contingency fee basis, meaning your family pays nothing unless we secure compensation through settlement or verdict. This arrangement allows families to access top-tier legal representation without upfront costs or financial risk. We advance all case expenses and only recover our fees from the compensation we obtain for you.
Frequently Asked Questions
How do I know if a surgical error caused my loved one’s death?
Not every death during or after surgery results from an error, but certain warning signs suggest negligence may have occurred. These include unexpected complications that the surgical team struggled to manage, death from issues unrelated to the patient’s underlying condition, medical staff being evasive or defensive about what happened, or a second opinion from another doctor suggesting proper care was not provided. The most reliable way to determine if an error occurred is to have an experienced medical malpractice attorney review the medical records with qualified medical experts who can identify deviations from the standard of care.
Can we sue if our loved one signed a consent form before surgery?
Yes, informed consent forms do not waive the right to sue for negligence. These forms acknowledge that you understand the risks inherent in the surgery, but they do not excuse the medical team from providing proper care. If the death resulted from a preventable error that fell below the standard of care, the consent form does not protect the defendants. The consent covers known risks that may occur despite proper care, but it does not authorize negligent or substandard treatment that causes death.
How long do we have to file a wrongful death lawsuit for a surgical error in Glendale?
California law generally provides two years from the date of death to file a wrongful death lawsuit under California Code of Civil Procedure Section 335.1. This deadline is strictly enforced, and missing it typically means losing the right to pursue compensation permanently. Because building these cases requires extensive investigation and expert consultation before filing, families should consult an attorney as soon as possible rather than waiting until the deadline approaches. Early legal intervention also preserves evidence and witness memories that may fade over time.
What compensation can we receive in a surgical error wrongful death case?
California law allows families to recover both economic and non-economic damages in wrongful death cases. Economic damages include funeral and burial expenses, medical bills from before death, loss of the deceased’s future earnings and benefits, and loss of services and support the deceased provided. Non-economic damages compensate for loss of companionship, love, and guidance, as well as the emotional pain of losing your family member. Unlike standard medical malpractice cases, wrongful death claims are not subject to California’s cap on non-economic damages, allowing families to seek full compensation for their losses.
Do we need a medical expert to prove our case?
Yes, California law requires expert medical testimony to establish surgical error wrongful death claims. You must present qualified medical experts who can testify about the standard of care, how the defendant’s actions fell below that standard, and how the breach caused your loved one’s death. Your attorney will retain appropriate experts, typically surgeons or specialists in the same field as the defendant, who review the medical records and provide opinions supporting your claim. The defense will also have experts, and the credibility of competing expert testimony often determines the outcome of these cases.
What if multiple healthcare providers were involved in the surgery?
Surgical error wrongful death cases often involve multiple defendants, including the surgeon, anesthesiologist, surgical nurses, the hospital or surgical center, and sometimes medical device or pharmaceutical companies. California law allows you to sue all parties whose negligence contributed to the death. Your attorney will investigate to identify everyone who played a role in the error and include them in the lawsuit. Multiple defendants can actually benefit your case because it increases the total insurance coverage available to compensate your family and prevents any single defendant from avoiding responsibility by blaming others.
Can we still file a claim if we did not discover the error until after the autopsy?
The statute of limitations for wrongful death claims runs from the date of death, not from when you discovered the error. This means you have two years from the date your loved one died to file a lawsuit, regardless of when you learned that a surgical error caused the death. While California’s medical malpractice discovery rule allows one year from discovering an injury in some cases, courts typically apply the two-year wrongful death deadline in these situations. If you recently discovered evidence of a surgical error, contact an attorney immediately to determine if you can still file a claim within the applicable deadline.
What happens if my loved one contributed to the problem by not following pre-surgery instructions?
California follows a comparative fault system, which means if the patient’s actions contributed to their death, any compensation awarded may be reduced by their percentage of fault. However, this defense has limited application in surgical error cases because the patient is under the healthcare provider’s complete control during surgery. If your loved one’s actions genuinely contributed, such as by providing false medical history or ignoring critical pre-operative instructions, it may affect the case, but it does not necessarily prevent recovery. Your attorney will assess how comparative fault might apply to your specific situation and whether the defense has merit.
Contact a Glendale Surgical Error Wrongful Death Attorney Today
Losing a loved one to a preventable surgical error is a tragedy that no family should face alone. While pursuing legal action cannot restore your family member, it can provide accountability, answers, and the financial resources your family needs during this difficult time.
At Life Justice Law Group, our Glendale surgical error wrongful death lawyers are committed to fighting for justice on behalf of families devastated by medical negligence. We offer compassionate, personalized representation combined with aggressive advocacy to hold negligent healthcare providers accountable. We invite you to call us at (480) 378-8088 for a free, confidential consultation to discuss your case. We work on a contingency fee basis, so you pay nothing unless we recover compensation for your family. Contact us today to learn how we can help you seek the justice your family deserves.