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Attorney Jared Pursley
Carlsbad Personal Injury LawyerBlogMedical MalpracticeMedical Malpractice Before, During, and After a Surgical Procedure

Medical Malpractice Before, During, and After a Surgical Procedure


Serious medical errors are almost always negligence in a court of law. Doctors, who are ultimately responsible for patient care throughout the treatment process, have a fiduciary duty. Legally, motorists have some margin for error. They have a duty of reasonable care. If Max was speeding 5 mph over the limit at the time of a crash, his excessive speed might not have substantially caused the wreck. If Dr. Max makes even a slight error, such as misreading a chart, he’s usually liable for damages.

These damages usually include money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. An Carlsbad medical malpractice lawyer usually obtains additional punitive damages in these situations as well. Fundamentally, however, a negligence case isn’t about the money. Legal claims force negligent doctors to accept responsibility for the mistakes they make.


The fiduciary duty of care begins at the first doctor-patient contact. Doctors must be well-prepared for these contacts, make evidence-based conclusions, and act on those conclusions. Many doctors neglect these simple rules.

Hospitals, clinics, and other medical organizations usually pressure doctors to see as many patients as possible. The company makes money when doctors treat patients, not when doctors familiarize themselves with patient conditions. So, they rarely conduct their own research. Consulting with colleagues is almost unheard of.

Cost concerns also discourage physicians from performing diagnostic tests. If the test confirms a preliminary diagnosis, the insurance company often refuses to pay for the test. So, doctors often don’t have evidence to support their gut reactions. Professional instinct might be accurate, but it isn’t reliable. There’s a difference. A broken clock is correct twice a day.

Cost concerns and patient preferences sometimes affect treatment decisions. If an expensive treatment is necessary, the doctor must talk the patient and hospital into paying for that treatment.


Money is the root of most problems in this area as well. Pre-scheduled surgical procedures are like patient exams. Physicians do one after another after another, in order to make more money. If the medical team met for two or three minutes before a procedure to ensure everyone’s on the same page, medical mistakes during procedures might disappear. But many doctors are unwilling to invest this tiny amount of time.

Similar time pressure affects many emergency procedures. Doctors dive in, often without knowing all relevant facts. Patients suffer when doctors rush treatment.


Hospitals are breeding grounds for bacterial infections. If the medical treatment team drops its guard, even for a moment, infections affect patients. Recovering surgical patients are among the most physically vulnerable people in California. Therefore, even a mild bacterial infection might be life threatening. These infections often appear out of nowhere, and the patient’s condition deteriorates almost instantly.

Sometimes, defective products cause injuries in these situations. Hip implants are a good example. Manufacturers often used cheap imported parts. These parts may contain high levels of dangerous heavy metals, like mercury and cadmium.

Rely in a Diligent San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. We do not charge upfront legal fees in these matters.

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