California Infant Surgical Complication Lawyer

Nichole D. Podgurski, Partner


Helping Victims Throughout Southern California


Giving birth to a child is a miraculous event. However, it can quickly become fraught with tension when an unexpected complication arises. When something goes wrong, it may be necessary for the doctors to intervene surgically. While we put our hope in the experience and skills of our surgeons, mistakes do happen, often with serious results. It is important to distinguish the difference between a surgical error vs. an unexpected complication.



Examples of injuries that can occur during surgery include:

  • Oxygen deprivation during surgery;
  • Delay in deciding to do a C-section;
  • Surgical tools or sponges left inside;
  • Punctured or lacerated organs;
  • Incomplete surgery planning;
  • Incorrect incisions;
  • Using improperly sterilized equipment.

None of these mistakes should ever happen. However, when they do, the hospital, doctors and medical staff need to be held accountable for their actions.


Unnecessary Surgeries

Sometimes it’s not an error during surgery that causes an injury, but a surgical intervention that didn’t need to happen. Victims can suffer from life altering injuries because of a surgery that wasn’t required.

Surgical errors are unfortunately, preventable. While all surgeries carry risks, these injuries go above and beyond what could normally be anticipated with a surgery.

To be considered medical malpractice, we must prove that the error fell below the accepted standard of care and that error caused the injury to you or your child. Depending on the circumstances of your case this can be challenging to prove, which is why it is so important to have an experienced lawyer fighting on your behalf.

The circumstances of all cases are unique, but there are common factors that are present with this type of negligence, including:

  • Poor surgery planning: Your surgeon should review your case and anticipate possible complications. Proper equipment and staff should be on hand in needed.
  • Incompetence: Doctors and staff must have sufficient experience to handle the surgery successfully.
  • Carelessness: Surgeries have established protocols that must be followed. Failure to adhere to these protocols can have disastrous results.
  • Poor communication: Good communication between surgeons and staff is essential. Failure to communicate properly can lead to mistakes with surgery sites, medication errors and failure to have the proper equipment on hand.
  • Negligence: When your surgeon is not careful in following established procedures, mistakes happen.
  • Fatigue: Doctors and staff work extremely long hours, which can greatly increase the possibility of a surgical mistake.

Neither the hospital nor your insurance company will inform you of your legal options. Only an experienced California birth injury lawyer will be able to give you the complete picture of your case and the legal options available to you. We are prepared to take on the toughest challenges and fight hard for you and your child.

Donahue & Horrow LLP has handled cases involving children injured at every stage of the birth process. We understand the parent’s heartbreak and know it is a very difficult time for them. We are here to alleviate as much of the stress as possible for these parents. While we can’t turn back time and take away the pain the injury has caused, we can work hard to ensure that they receive the compensation that is deserved. Call us today for a free consultation at 310-322-0300 or toll free at 877-664-5407.