Medical Malpractice Attorney in San Francisco, California
How do you typically approach negotiations and settlements in surgical malpractice cases?
How do you typically approach negotiations and settlements in surgical malpractice cases?
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In surgical malpractice cases, there are several factors to consider. On one hand, there may be cases where a physician uses a technique that is not warranted or appropriate for the circumstances. Another critical aspect is evaluating whether there was a failure to follow up and assess the outcome of the surgery, as well as any potential postoperative complications.
Negotiating these cases is similar to other malpractice cases, where the strengths and weaknesses of both the plaintiff’s and the defense’s cases are carefully assessed. The defense in surgical malpractice cases often argues that rare, unpredictable events, like “lightning striking” during surgery, are to blame, but this is not the standard in law or medicine.
When settling these cases, it’s crucial to uncover the key issues, whether it’s a technique issue, consent problem, or a failure in postoperative follow-up. Each case involves multiple dimensions that must be thoroughly examined.
San Francisco, CA medical malpractice attorney Jeff Mitchell discusses how he typically approaches negotiations and settlements in surgical malpractice cases. He explains that surgical malpractice cases involve several important considerations. In some instances, a physician may use a technique that is not warranted or appropriate for the specific circumstances. Another critical factor is whether the physician failed to follow up properly, both in assessing the surgical outcome and in addressing potential postoperative complications.
From a negotiation standpoint, these cases are approached much like other malpractice claims, requiring a careful evaluation of the strengths and weaknesses on both sides. Defense attorneys often argue that rare and unpredictable events—likened to “lightning striking” during surgery—were the cause. However, such explanations do not align with the accepted standards of law or medicine.
When resolving surgical malpractice cases, he emphasizes the importance of uncovering the central issues. These may involve the surgical technique itself, deficiencies in obtaining informed consent, or failures in postoperative follow-up. Each matter presents multiple dimensions that must be thoroughly investigated and analyzed to determine accountability and achieve a just outcome.
