Case Results
$600,000 Recovered in Medical Malpractice Case
Jurisdiction
Confidential
Case Number
Confidential
Practice
Personal Injury
Case Description
$600,000 recovered for a client due to Neurosurgeon operating on the wrong side. This was a case almost too shocking to believe. Our client, an elderly woman suffering from chronic and debilitating back pain, was advised by a neurosurgeon to undergo spinal nerve micro-decompression surgery to relieve her symptoms. She consented to a right-sided decompression procedure. In an egregious error, the surgeon mistakenly performed the surgery on the left side instead.
Fortunately, our client had recorded her medical appointments with the surgeon. These recordings later became crucial, as they revealed during post-operative visits that the surgeon had admitted to the mistake. Still, and unsurprisingly, the surgeon and his legal team denied any wrongdoing and refused to accept responsibility for years. Despite their continued denial, we remained persistent and ultimately secured a settlement for our client that was close to the maximum allowed under California’s medical malpractice laws.
Evidence Gallery
Injury Brief
What are the caps on damages for Medical Malpractice cases in California?
California law limits the amount of money a person can recover for pain and suffering in medical malpractice cases. For cases filed in 2025, the cap is $430,000 for injuries not involving wrongful death, and $600,000 for cases involving wrongful death. These limits are gradually increasing each year through 2034 rising by $40,000 annually for injury claims and $50,000 for wrongful death cases. Once they hit $750,000 and $1 million. After that, the caps will continue to adjust slightly each year for inflation.
It’s important to note that older cases filed before January 1, 2023, may still fall under the previous $250,000 cap.
What is a micro-decompression surgery?
Microdiscectomy, also referred to as microdecompression, is a common procedure used to relieve pressure on spinal nerve roots usually caused by a herniated disc. The goal is to reduce pain by removing the disc material or bone that’s pressing on the nerve.
During the operation, a small portion of the disc and/or surrounding bone is carefully removed to ease nerve compression.
This type of surgery can also be done in the neck (cervical spine) when addressing herniated discs in that region. In such cases, it’s known as posterior cervical decompression.
What medical standards must Neurosurgeons legally adhere to?
In California, neurosurgeons are legally required to adhere to the standards set forth by the Medical Board of California (MBC). These standards are codified in the Medical Practice Act, which is part of the California Business and Professions Code. Violations of these standards, such as performing surgery on the wrong site, can be deemed unprofessional conduct and may lead to disciplinary actions, including license suspension or revocation.
BPC § 2234 outlines various forms of unprofessional conduct, such as gross negligence and repeated negligent acts. Additionally, BPC Section 2266 mandates that physicians maintain adequate and accurate medical records, which is crucial for ensuring correct surgical procedures.
In cases where a neurosurgeon violates these standards, the MBC refers to its Manual of Model Disciplinary Orders and Disciplinary Guidelines. This manual provides a framework for disciplinary actions, ranging from probation to license revocation, depending on the severity of the misconduct.
While professional organizations like the American Association of Neurological Surgeons (AANS) and the American Board of Neurological Surgery (ABNS) provide ethical guidelines and best practices, adherence to these is generally voluntary. However, failure to comply with MBC regulations can result in legal consequences.
Medical Board of California:
Manual of Model Disciplinary Orders & Disciplinary Guidelines
American Association of Neurological Surgeons:
Code of Ethics
Examples of Micro-decompression Spine Surgery
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