California Post-Surgical Complications Attorney
A Skilled Lawyer Fighting for Patients Harmed by Postoperative Complications in San Francisco
Post-surgical complications arise when unforeseen issues occur during the recovery process, often stemming from factors like infections, poor wound healing, or errors during the procedure itself. These complications can happen because surgical interventions inherently disrupt the body’s natural systems, creating risks like tissue damage, exposure to harmful bacteria, or improper handling of medical instruments. When healthcare providers fail to follow established safety protocols or deliver adequate care, however, these complications may constitute negligence. Negligence occurs when preventable errors, such as leaving surgical tools inside the body or administering incorrect medications, lead to harm. These issues not only delay recovery but also threaten patients' overall health, sometimes causing life-threatening conditions or lasting disabilities that compromise quality of life.
If you recently suffered postoperative complications that led to serious harm, we want to help. At Peterson Injury Law, we can help patients harmed by medical malpractice take legal action to hold the responsible parties accountable and recover just compensation for their losses. Our founding attorney, Erik L. Peterson, is an accomplished litigator who has successfully represented clients in high-stakes medical malpractice cases. We can help you understand your rights, walk you through your legal options, and provide the results-driven advocacy you deserve. Our firm does not charge legal fees unless we help you recover compensation, and we are available 24/7 to take your call.
You have limited time to take legal action, so don’t wait to schedule a free consultation with our California post-surgical complications lawyer. Call (415) 630-2913 or contact us online today.
How Long Do I Have to File a Post-Surgical Complication Lawsuit in California?
In California, you have up to three years from the date of the procedure or one year from the date you discovered or reasonably should have discovered post-surgical complications, whichever comes first, to file a claim. If you discover postoperative complications after three years have passed since the date of the procedure, you cannot generally file a medical malpractice lawsuit.
An important exception involves surgical items being left in the body. In these cases, you still have only one year from the date you discover (or should have discovered) the item was left inside your body, but the three-year time limit does not apply. If you were to discover the surgical item left inside your body six years after the procedure occurred, for example, you would still get a year to take legal action.
When postoperative complications harm a minor under the age of 18, their parents or legal guardians usually have three years from the date of the procedure to bring a medical malpractice claim on their behalf. If a child is under the age of six when the surgery occurs, their parents or legal guardians have until the child turns eight or three years from the date of the procedure, whichever period is longer, to take legal action.
The deadlines for medical malpractice cases can be confusing in California, so while it’s in your best interest to get legal advice as soon as possible, you shouldn’t assume you don’t have a claim because you ran out of time. Our California post-surgical complications lawyer can review your circumstances and clarify your rights and legal options.
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“His knowledge and attention to detail was stellar, making me feel secure during a difficult case. Unlike most people in life, he was always upfront with me and kept me updated every step of the way, which is truly not what I was expecting from a lawyer. Although it was determined my case could take several years, especially during a pandemic, due to his dedication it was over in only 2yrs and made the process as easy for me as possible. I would absolutely recommend this firm and use him again if I ever need to, although I hope I don't.”- Kristy N.
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“My husband passed due to medical malpractice and I didn't know what to do or who to call. All I knew was I needed to get him justice. I researched and found Erik Peterson on google and reviewed various reviews on various sites. He was very patient and fought for me and my late husband. Erik told me what to expect ahead of time so I could prepare myself mentally. All in all, I HIGHLY recommend them to anyone who may need legal assistance in personal injury, medical malpractice and wrongful death. They are excellent and I can't say enough good things about them.”- Kiki A.
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“Very knowledgeable, professional and honest. I needed an attorney for malpractice and from the moment we first had our meeting, he explained everything in terms I could easily understand and very thorough, was always very responsive when I had questions. The case wasn’t an easy one to settle, but Erik never lost hope and kept fighting. Any time I had to get ahold of the staff at the law firm for paperwork, they were always so understanding and very helpful and always got back to me in a timely manner. I would highly recommend Erik Peterson and his law firm. He was an excellent lawyer and truly a genuine person.”- Lila D.
Common Post-Surgical Complications
While some postoperative complications can occur as a natural risk of surgical interventions, others happen as a result of negligence. Negligence in the operating room or during postoperative care can take many forms, from inadequate sterilization to errors in monitoring the patient’s condition.
Some of the most common types of post-surgical complications include:
- Infections. Poor sterilization of surgical tools, failure to maintain a sterile environment during the procedure, or not administering antibiotics when necessary can lead to infections at the surgical site. If left untreated, these infections can spread and develop into more severe conditions such as sepsis. Negligence, such as ignoring signs of infection or failing to follow up with proper wound care instructions, can contribute significantly to these complications.
- Blood clots. Patients undergoing surgery face an increased risk of developing blood clots. A lack of proper risk assessment or failure to encourage early mobility and appropriate use of anticoagulants may result in the formation of these potentially life-threatening clots. Healthcare professionals must actively monitor patients at high risk for clotting and take preventive measures to minimize this danger.
- Organ damage. Errors during surgery, such as poor precision or lack of attention to detail, can lead to accidental injury to organs near the surgical site. For example, procedures involving the abdomen could result in damage to the intestines or blood vessels if surgeons are not diligent. Immediate recognition and careful management of such injuries are critical to preventing severe complications like internal bleeding or organ failure.
- Adverse reactions to anesthesia. Improper administration of anesthesia or failure to review a patient’s medical history can lead to dangerous reactions, such as respiratory distress or allergic responses. Negligent practices like administering incorrect dosages or using inappropriate anesthetics can result in additional harm during surgery, placing the patient at unnecessary risk.
- Surgical items left in the body. One of the most alarming types of negligence involves leaving surgical tools, sponges, or other materials inside a patient’s body. This oversight can cause severe pain, infections, or blockages if not identified quickly.
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Types of Compensation Available in California Post-Surgical Complications Cases
You can recover both economic and non-economic damages in a post-surgical complication claim. Economic damages refer to measurable financial losses directly tied to your postoperative complications. Non-economic damages are meant to address the intangible impact that the complications have on your life.
Peterson Injury Law can help you seek full and fair compensation for all economic and non-economic damages, including:
- Medical bills arising due to your post-surgical complications
- Lost wages from missed work resulting from your post-surgical complications
- Lost earning potential if your post-surgical complications prevent you from returning to your job or doing the same types of work
- Physical pain and suffering resulting from your post-surgical complications
- Emotional distress caused by your post-surgical complications
- Loss of quality of life stemming from your post-surgical complications
Let us put our experience to work for your postoperative complication claim. Call (415) 630-2913 or contact us online to learn more about how we can help.
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