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Surgical Error Malpractice Lawsuit

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Publication date: 02.08.2025
Reading time: 4 minutes
Number of views: 5
№ Stage Term (days) Cost
  • 1
    STAGE 1. Initial Consultation and Case Evaluation
    7 $363.00

    STAGE 1. Initial Consultation and Case Evaluation

     

    Attorney's Actions:

    1. Conducting client consultation (in-person or online).
    2. Reviewing medical records, treatment history, surgical outcomes.
    3. Determining grounds for filing a lawsuit.
    4. Explaining legal prospects of the case to the client.

     

    Estimated Cost: $250-$500 (one-time consultation or free if attorney works on contingency fee basis - payment after winning)

  • 2
    STAGE 2. Evidence Gathering and Medical Review
    60 $2,662.00

    STAGE 2. Evidence Gathering and Medical Review

     

    Attorney's Actions:

    • Obtaining written client authorizations (HIPAA releases) for medical records access.
    • Collecting all medical documentation from hospitals, clinics, and surgeons.
    • Retaining medical experts (typically physicians) to evaluate standard of care and identify deviations.


    Estimated Costs:

    • Attorney's work: $1,500–$3,000
    • Expert services: $2,000–$10,000 (may be included in case expenses and paid after successful resolution)
  • 3
    STAGE 3. Filing a Lawsuit
    21 $2,420.00

    STAGE 3. Filing a Lawsuit

     

    Attorney's Actions:

    1. Preparing and filing a complaint with the court.
    2. Identifying defendants (surgeon, hospital, etc.).
    3. Serving the defendant(s) with notice of the lawsuit (service of process).
  • 4
    STAGE 4. Pre-Trial Discovery
    240 $15,730.00

    STAGE 4. Pre-Trial Discovery

     

    Attorney's Actions:

    1. Conducting sworn depositions of surgeons, experts, and witnesses.
    2. Sending written interrogatories and document production requests.
    3. Working with experts from both sides.
  • 5
    STAGE 5. Settlement Negotiations or Mediation
    60 $0.00

    STAGE 5. Settlement Negotiations or Mediation

     

    Attorney's Actions:

    1. Negotiating with defense attorneys or insurance companies.
    2. Representing client's interests during mediation (if court-ordered).
    3. Finalizing settlement agreement terms.


    Estimated Cost: No additional fees (included in attorney's contingency fee)

  • 6
    STAGE 6. Court Proceedings (If No Settlement Reached)
    60 $96,800.00

    STAGE 6. Court Proceedings (If No Settlement Reached)

     

    Attorney's Actions:

    • Court representation (jury trial or bench trial).
    • Witness examination, evidence presentation, and oral arguments.
    • Appealing or defending client's position during appeals (if necessary).
In general
448 $117,975.00

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Surgical Malpractice Lawsuits in the US: Legal Help for Victims

Surgical errors can have serious and irreversible consequences for a patient's health. If you or a loved one has suffered due to medical negligence during surgery, you may be entitled to compensation. Our medical malpractice attorney team provides comprehensive legal representation for surgical error cases in the US.

 

When Can You File a Surgical Malpractice Lawsuit?

A lawsuit may be filed when the following conditions exist:

  1. The surgeon or medical staff made an error that deviated from accepted medical standards of practice;
  2. The doctor's actions or inactions caused actual harm to the patient's health;
  3. There is medical documentation, expert opinions or other evidence proving negligence.

Common examples of surgical errors include: leaving foreign objects in the body, operating on the wrong body part, improper anesthesia administration, nerve or organ damage, and infections due to failure to maintain sterility.

 

What Does the Legal Service Include?

Our legal service focuses on comprehensive client representation:

  1. Initial consultation with case analysis and evaluation of lawsuit prospects;
  2. Collection and legal assessment of medical records;
  3. Engagement of independent medical experts to prepare reports;
  4. Preparation and filing of a lawsuit;
  5. Negotiations for pre-trial settlement with hospitals or insurance companies;
  6. Full court representation through final judgment.

 

Why Is It Important to Hire an Attorney for Surgical Error Cases?

Medical malpractice lawsuits are among the most complex cases in US law. They require not only knowledge of legal procedure but also understanding of medical standards. An attorney:

  1. Determines whether a surgical error actually occurred from a legal standpoint;
  2. Ensures proper preparation of evidence;
  3. Negotiates with experienced healthcare facility attorneys;
  4. Helps secure maximum compensation covering physical, emotional and financial damages.

 

What Compensation Can Be Obtained?

Compensation in surgical error cases may include:

  1. Costs of additional treatment and rehabilitation;
  2. Lost wages and reduced earning capacity;
  3. Compensation for pain and suffering;
  4. In case of death - payments to family members.

 

Protect Your Rights - Trust the Professionals

A surgical error is not just a medical incident but a serious violation deserving legal response. Our attorney team will help you through this difficult journey - from initial consultation to fair compensation. Contact Consultant today for expert support.

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