Can you sue a surgeon for messing up a surgery?

Most forms of medical treatment involve risk, particularly surgery, but victims of medical negligence may be entitled to compensation, writes TGB’s Mal Byrne. You can only sue the doctor or hospital if you can establish that the bad medical outcome was due to the negligence of that doctor or hospital.

Can you sue a surgeon?

Patients injured by healthcare professionals can sue for damages for medical malpractice in California (technically known as “professional negligence“). However, patients generally have a statute of limitations of just one year from the discovery of the injury in which to bring a claim.

Can you sue a neurosurgeon?

Compensation for a Neurological or Neurosurgical Injury Because the injuries and costs associated with neurological or neurosurgical injuries are so severe, those who pursue lawsuits against neurosurgeons or hospitals responsible for these types of medical malpractice can expect significant damages if they win.

Do neurosurgeons get sued often?

Annually, 20% of all practicing neurosurgeons in the United States are faced with medical malpractice litigation. The average indemnity paid in a closed neurosurgical civil claim is $439,146, the highest of all medical specialties.

How much does malpractice insurance cost for neurosurgeons?

Below are undiscounted state filed rate data averages across all territories for $1m / $3m limits

How often do trauma surgeons get sued?

There were an estimated 49,435 trauma patients examined and evaluated over the 12-year study period, so estimated malpractice incidence over the study period is 2 lawsuits/49,435 patients or only 0.34 lawsuits/100,000 patients/year.

Can pathologists be sued?

If they determine that there was a pathology error that fell below the professional standard of care, we can bring a lawsuit. You may be able to recover damages for pathology malpractice. These are intended to make you whole again by giving you compensation for losses.

Are there any medical malpractice cases against neurosurgeons?

Plaintiffs were prepared to establish at trial that the hospital knew or should have known of more than 25 medical malpractice actions filed against the neurosurgeon, the majority of which resulted in substantial settlements or verdicts against the doctor.

Who are the attorneys in the 2 million Spinal Surgery Case?

On the eve of trial, attorneys Mark W. Tanner and Peter M. Newman obtained a $2 million settlement for a client who suffered permanent injuries as the result of spinal surgery performed by a Philadelphia neurosurgeon.

What did the neurosurgeon do to my leg?

Despite complaints by the patient in the recovery room about the onset of severe right leg pain, a spinal fluid leak, and continued complaints of extreme pain, headaches and dizziness during physical therapy and at follow up exams, the neurosurgeon failed to appreciate the damage he had caused.

How did the neurosurgeon do his second surgery?

Unfortunately, during the second surgery, the neurosurgeon placed one of the pedicle screws grossly out of position such that it breached the cortex of the L5 pedicle, crossing through the spinal canal and crushing nerve roots in its path.