Surgical Error Lawyer in Louisville
Plaintiff-Side Representation Backed by Defense-Side Experience
When a surgical procedure causes more harm than it prevents, the path forward isn’t just medical. It’s legal. At Brownfield Dufour PLLC, we represent individuals in Louisville injured by surgical mistakes, bringing a perspective few plaintiff-side firms can match. Before founding the firm, Brian Brownfield represented hospitals, insurance carriers, and major corporations. That background gives us direct insight into how surgical teams, hospital systems, and their insurers construct a defense, and we use it to anticipate their strategy from the moment we open a file.
We established Brownfield Dufour PLLC in 2016 with a practice concentrated on plaintiff personal injury and medical malpractice. Every system, process, and strategy in our firm is built around one purpose: pursuing the best possible outcome for injured clients.
If you believe a surgical error caused your injury, call or text us at (502) 822-5584 to schedule a free, no-obligation consultation. We can review your situation and explain your options.
Surgical Malpractice Results We’ve Secured
Our track record in surgery-related cases reflects the preparation we bring to this work. In 2019, we obtained a $1,000,000 medical malpractice settlement for a client who suffered a plastic surgery injury. That same year, we recovered $750,000 against a physician following a delayed diagnosis of a post-surgical infection. Both partners at Brownfield Dufour PLLC have been consistently recognized by Super Lawyers, a reflection of results built through hard-fought cases.
What Qualifies as a Surgical Error
A surgical error occurs when a surgeon or surgical team departs from the standard of care: the level of skill and caution a reasonably competent provider would exercise under similar circumstances. Not every poor outcome meets that standard, but many do.
Common categories include:
- Wrong-site or wrong-patient surgery: Operating on the incorrect body part or performing a procedure on the wrong patient
- Retained surgical instruments: Leaving sponges, clamps, or other tools inside the patient after closing
- Anesthesia errors: Dosing mistakes that cause awareness during surgery, organ damage, or death
- Nerve or organ damage: Injuries from surgical tools that exceed what the procedure required
- Post-surgical infection: Infections linked to improper sterilization of instruments or the surgical environment
Surgeons owe a duty of care to every patient, whether the operation is elective or an emergency. Before any procedure, a surgeon must also obtain informed consent, disclosing the risks and likely outcomes in terms a reasonable patient can understand. A failure to do so can itself form the basis of a claim. Proving surgical malpractice generally requires establishing duty, a breach of the standard of care, a causal link to the injury, and resulting damages.
Filing Deadlines for Surgical Error Claims in Louisville
Kentucky Revised Statute 413.140(1)(e) sets a one-year statute of limitations for medical malpractice claims against a physician, surgeon, or licensed hospital. That period generally begins on the date of injury or the date it was discovered or reasonably should have been discovered. The discovery rule matters in surgical error cases because some injuries, such as a retained instrument or internal nerve damage, aren’t apparent immediately after the procedure.
Kentucky Revised Statute 411.167 requires claimants to file a certificate of merit when bringing a medical malpractice action. This document establishes that a qualified medical professional has reviewed the claim and found a reasonable basis for it. Cases filed in Louisville are handled by the Jefferson Circuit Court Civil Division, which has general jurisdiction over civil claims, including medical malpractice. Missing the one-year deadline or failing to meet procedural requirements can end an otherwise valid claim. Talking with us early can help protect your ability to pursue it.
How We Handle Your Case
From the first call, our approach is straightforward: we take on the legal and administrative work so you can focus on recovering. Calls and texts are returned quickly. We keep you informed at every stage, explain every option before moving forward, and help you understand where your case stands.
We manage every detail, from communicating with insurance carriers to handling paperwork, so nothing falls through the cracks. For clients recovering from catastrophic surgical injuries, our attorneys and staff have personally accompanied them to appointments and check-ins. No case is too complex or too small. We bring the same preparation and tenacity to every file, whether the injury is life-altering or significantly affects your daily life.
Start with a Free Consultation
There’s no cost to speak with us and no obligation to move forward after that first conversation. You can reach us by phone, text, or online, and we respond quickly. We handle representation on a contingency fee basis, which means you owe no legal fees unless we recover compensation for you.
Contact Brownfield Dufour PLLC at (502) 822-5584 to discuss your surgical error case. We won’t back down from the hospitals, physicians, or insurers named in your claim.
A modern approach to law
Not Your Average Attorneys
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Free Initial ConsultationsGet started with a free initial consultation to explore your options with no obligation.
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We Make Ourselves AvailableWe are available at anytime to speak with you regarding your case, and we will even travel to you or consult over the phone.
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No Case Is Too Big or Too SmallOur team works for you and we are willing to take cases even if they seem hard or impossible.
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Work Directly With Your AttorneysAt Brownfield Dufour, you have three dedicated attorneys all working towards the success of your case.
