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California Lawyers Who Provide Defense Against Surgical Malpractice Claims

Protecting the rights of surgeons, surgical nurses and other members of the operating room team

Surgery always carries some risks. Whether a patient is undergoing a minor planned procedure or an emergency life-saving operation, the body is subjected to trauma that could cause permanent injuries or death. Patients accept these risks in light of the health benefits that the procedures are able to produce. Doctors, on the other hand, should not have to endure risks to their careers and licenses when complications occur that are outside of their control.

At Davis, Grass, Goldstein & Finlay , we protect the surgeons and operating team who make the improvements in patients’ lives possible. Our lawyers have 150 years of combined experience dedicated exclusively to defending medical professionals in settlement negotiations, trials and Medical Board of California hearings.

Common risks of surgery

Patients are susceptible to injuries, even if surgeons strictly follow protocol and act with care. The nature of surgery is that patients can be severely injured. In addition to serious injuries, these circumstances may cause wrongful death. For example, surgical patients risk the following adverse outcomes:

  • Hemorrhaging
  • Surgery on wrong site or body part
  • Too much anesthesia causing brain damage
  • Too small a dose of anesthesia causing patient to wake during surgery
  • Nerve damage
  • Infection
  • Childbirth injuries
  • Obstetric injuries to the mother during labor
  • Recovery room mistakes
  • Failure to follow up after surgery

As a surgeon, you can only be held liable if you make a negligent error or lapse in judgment that causes your patient’s injury.

Defenses to surgical malpractice claims

To prevail, a plaintiff must prove that the surgeon had a duty of care to the patient, the surgeon breached that duty, and the breach harmed the patient and resulted in damages. When it comes to your case, our attorneys counter each element and raise affirmative medical malpractice defenses, such as the following:

  • The injuries resulted from or were exacerbated by the patient’s preexisting medical condition.
  • The surgeon informed the patient of potential risks of the surgical procedure and the patient consented.
  • The patient did not disclose use of drugs or herbal medicines that interfere with surgical pharmaceuticals or cause hemorrhaging.
  • The patient did not follow pre-op instructions.
  • The surgeon’s actions or omissions conformed to the standards for the profession.
  • The surgeon’s actions were not the proximate cause of the harm.

Protect yourself in a surgical malpractice claim

Schedule an appointment to discuss your medical malpractice defense — call Davis, Grass, Goldstein & Finlay at 909.476.2662 or contact our firm online. From our office, conveniently located near the intersection of I-10 and I-15 and the Ontario International Airport, we represent healthcare providers in Riverside and San Bernardino counties and throughout Southern California.