Finding Lawyers That Handle Surgical Error Lawsuits

Ian C. Langtree - Writer/Editor for Disabled World (DW)
Published: 2011/01/15 - Updated: 2024/04/02
Publication Type: Informative
Category Topic: Lawyers and Rights - Academic Publications

Page Content: Synopsis - Introduction - Main

Synopsis: Medical malpractice involves making preventable mistakes that cause serious injury or death. Many medical malpractice attorneys work on a "contingency" basis, meaning that their attorney fee is a percentage of the amount recovered from the settlement (typically one-third of the judgment, after the deduction of costs and fees).

Introduction

Millions of surgical procedures are performed in the United States each year. Every time a person goes under the scalpel, there is a risk of surgical errors. When surgery does not meet a patient's highest hopes, it is a significant disappointment, but not necessarily malpractice.

Main Content

Medical malpractice involves making preventable mistakes that cause serious injury or death. Surgical errors include a wide range of occurrences during the course of an operation, such as:

Finding a Surgical Error Attorney

Medical malpractice law is a highly technical and specialized field. Some medical malpractice attorneys handle specific cases, such as birth injuries, while others handle a range of malpractice suits. However, if you have suffered something as serious as a surgical error, you will want a legal specialist who deals with this specific area of law.

Once you have asked friends, family members and other trusted sources for recommendations, and searched online in your area, begin scheduling consultations with the surgical error attorneys who appeal to you. During your consultation, bring any documents or records that you have, as they relate to your case. You should also bring with you a list of questions, such as:

Contingency Basis

Many medical malpractice attorneys work on a "contingency" basis, meaning that their attorney fee is a percentage of the amount recovered from the settlement (typically one-third of the judgment, after the deduction of costs and fees). Rarely will surgical error attorneys take a malpractice case on a "retained" basis (where you pay the attorney fees and costs but recover the settlement), because few people can afford that option. On average, by the time a medical malpractice case reaches trail, costs alone can surpass $100,000.

Selective Clients

Because medical malpractice cases are expensive and very involved cases, attorneys choose their cases carefully. If the surgical error attorney of your choice is not willing to take on your case, do not feel hurt. Instead, ask for a referral for another attorney.

Your surgical error attorney's initial acceptance of your case may be conditional. He or she may want to conduct a comprehensive investigation and review your medical records. If this is the case, be prepared to provide your prospective attorney with the names and contact information of all the doctors, nurses and medical staff who have treated you so that all of your medical records can be assessed. Also be prepared to disclose any and all of your medical conditions, even if you believe they are unrelated to your case.

Author Credentials: Ian is the founder and Editor-in-Chief of Disabled World, a leading resource for news and information on disability issues. With a global perspective shaped by years of travel and lived experience, Ian is a committed proponent of the Social Model of Disability-a transformative framework developed by disabled activists in the 1970s that emphasizes dismantling societal barriers rather than focusing solely on individual impairments. His work reflects a deep commitment to disability rights, accessibility, and social inclusion. To learn more about Ian's background, expertise, and accomplishments, visit his full biography.

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Citing and References

Founded in 2004, Disabled World (DW) is a leading resource on disabilities, assistive technologies, and accessibility, supporting the disability community. Learn more on our About Us page.

Cite This Page: Disabled World. (2011, January 15 - Last revised: 2024, April 2). Finding Lawyers That Handle Surgical Error Lawsuits. Disabled World (DW). Retrieved October 11, 2025 from www.disabled-world.com/disability/legal/surgical-error-lawsuits.php

Permalink: <a href="https://www.disabled-world.com/disability/legal/surgical-error-lawsuits.php">Finding Lawyers That Handle Surgical Error Lawsuits</a>: Medical malpractice involves making preventable mistakes that cause serious injury or death.

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