Miami Surgical Error Attorneys

Surgical errors are some of the most serious types of medical malpractice. Although not all negative patient outcomes after a surgery constitute malpractice, those that a reasonable and prudent surgeon would have prevented may qualify as a civil tort. If you or someone you love has suffered from a surgical error in a Miami, Florida hospital, emergency room, or surgical center, contact our lawyers. We can help you seek financial compensation for damages.

Our surgical error attorneys always prioritize personal care. We know how frightening a surgical error is for a patient and his or her family. Our mission is to provide personal attention to each client’s case, from beginning to end. We have significant experience handling surgical error cases.

In this post, we will review different aspects of surgical error cases in Florida, including;

• Causes of Surgical Errors in Miami, Florida
• Most Common Types of Surgical Errors in Florida
• Who is liable for a surgical error in a lawsuit?
• What damages can I recover from a surgical error case in Florida?
• Do you need a lawyer in a surgical error case?

We offer focused, in-depth knowledge of personal injury and wrongful death laws in Miami, as these are the only types of cases we represent. Our lawyers take difficult, complex cases many other firms won’t take – and we haven’t lost a case since our firm’s foundation.

We offer free legal consultations for your surgical error case, either at our office, in your home, or at the hospital. Dial (305) 638-4143 to get started.

Causes of Surgical Error in Miami

A “surgical error” that qualifies as medical malpractice is any type error that takes place during surgery due to negligence of the surgeon. Negligence, in the medical malpractice context, means the failure to use the same level of care, skill, and treatment which is recognized as acceptable and appropriate by similar reasonably careful physicians.

Examples of surgical error cases include cutting arteries, damaging nerves, leaving objects in the body cavity, making an anesthesia error, and operating on the wrong patient or body part. Human error is the main cause of surgical mistakes.

The following are common reasons these incidents happen:

• Failure to properly prepare the patient for surgery.
• Operating under the influence of drugs or alcohol.
• Failure to inform the patient of surgical risks.
• Poor surgical planning.
• Lack of communication.
• Failure to follow surgical protocols.
• Poor surgeon or employee training.
• Fatigue and human error.
• Unsafe or unsanitary conditions.
• Negligent post-operative patient care.

Whether you have an idea of what caused your surgical error, or you need a team of experienced surgical error la to investigate, contact our firm. We can take over your case and help you obtain compensation for your damages, starting with a case evaluation and ending with the recovery your family needs to move forward.

Most Common Types of Surgical Errors

Across the globe, over 200 million surgical procedures are performed annually. Regrettably, surgical errors continue to occur at a high rate, despite the awareness of adverse effects. Each year, there are at least 4000 reported surgical errors in the United States according to the National Library of Medicine.

Let’s explore some of the most common surgical errors that, when accompanied by evidence of surgeon negligence, often form the basis for a medical malpractice claim. These errors include:

• Unnecessary or inappropriate surgeries: Instances where surgeries are performed without a valid medical reason or where a different, more suitable procedure should have been chosen.
• Anesthesia mistakes: This includes errors such as administering an excessive amount of anesthesia, failing to consider a patient’s allergies or medical history, or inadequately monitoring the patient’s vital signs during surgery.
• Accidental cutting of organs or other body parts: Mistakenly making incisions or injuring healthy tissues or organs that were not intended to be operated on.
• Retention of foreign objects: Leaving surgical instruments, sponges, or other foreign objects inside a patient’s body after the surgery is completed.
• Infections: Inadequate sterilization techniques, improper wound care, or failure to administer proper postoperative antibiotics, resulting in surgical site infections or systemic infections.
• Pre- or postoperative mistakes: Neglecting to address complications that arise as a result of the surgery, such as failing to diagnose and treat a postoperative infection or overlooking potential risks or complications during the preoperative evaluation.

Other examples of surgical errors include:

• Robotic Surgery Errors: With the increasing use of robotic-assisted surgery, errors may occur due to technical malfunctions or surgeon inexperience in handling the technology.
• C-Section Errors: While C-sections are often necessary for safe childbirth, they can lead to birth injuries. If the C-Section is not performed correctly or in a timely manner, it can result in injury to the mother or child.
• Nerve Damage: Nerves may be accidentally severed or compressed during surgery, leading to issues like numbness, paralysis, or chronic pain in the affected area.
• Hemorrhage or Excessive Bleeding: Insufficient control of bleeding during surgery can be life-threatening and require immediate intervention.
• Organ Perforation: Inadvertent perforation or injury to nearby organs can happen during various surgical procedures, leading to complications and sometimes requiring additional surgeries.
• Vascular Injuries: Damage to blood vessels, such as arteries or veins, can lead to circulation problems and potentially life-threatening situations.
• Allergic Reactions: Neglecting to account for a patient’s allergies to medications or surgical materials can result in severe allergic reactions during surgery.

The impact of these surgical errors can be severe and, in some cases, fatal. Patients may require immediate emergency interventions to rectify the mistakes, sometimes risking their lives in the process. Furthermore, surgical errors can lead to permanent issues such as paralysis, brain injuries, or other life-altering complications.

Frequently Asked Questions

Can I Sue For a Surgical Error in Florida?

Yes. If a surgical error in Florida resulted from medical negligence, you may be able to sue the responsible surgeon, hospital, or surgical center. To succeed, you must show the provider failed to meet the standard of care, and that the mistake caused your injury.

Who Is Liable?

Most surgeons and physicians are independent contractors, not employees of the hospital or surgical center. As such, you may have a case against the individual surgeon who is guilty of malpractice. Surgeons carry insurance policies that will help you obtain financial recovery. If the healthcare facility or one of its employees caused your injuries, you may have a case against the establishment itself. Either way, hiring a surgical error lawyer can strengthen your odds of success.

What Damages Can I Recover?

A successful medical malpractice claim could result in payment for your medical bills, pain and suffering, lost wages, and wrongful death damages if you lost a loved one. You may also qualify for punitive damages, or an additional award if a judge believes the defendant caused your injuries through gross negligence or a wanton disregard for the safety of others. A consultation with one of our attorneys can give you an idea of the value of your case.

How Long Do I Have To File a Surgical Error Lawsuit in Florida?

Florida law generally gives you two years from the date you discovered, or should have discovered, the surgical error. There may be a couple of exceptions to the statute of limitations, so consult with an attorney as soon as possible if you believe you may have a case.

What is the Pre-suit Investigation Requirement in Florida Medical Malpractice Cases?

Before filing a medical malpractice lawsuit in Florida, you must conduct a pre-suit investigation, which includes obtaining medical records, having them reviewed by a medical expert, and providing notice to the prospective defendant. The defendant then has 90 days to respond.

Are All Surgical Complications Considered Malpractice?

No. Not all bad outcomes are malpractice. If the surgeon followed proper medical procedures and informed you of known risks, a complication may not qualify as malpractice. However, preventable errors caused by negligence may be grounds for a claim.

Can I Still Sue if I Signed a Medical Consent Form?

Yes. Signing a consent form does not protect a provider from liability if their actions were negligent. Informed consent only means you were aware of known risks—it does not excuse avoidable errors or substandard care.

Free Consultation With a Florida Surgical Error Lawyer

Medical malpractice and surgical error claims are often complex. They may require legal battles against surgical centers, healthcare facilities, and major insurance corporations. If you want to maximize your odds of recovering your damages, hire an experienced surgical error attorney. A lawyer from our firm can aggressively negotiate a better settlement offer or take your case to court if necessary.

Our firm has sought justice for clients throughout Florida. We proudly cater to a wide range of areas, including but not limited to Coral Gables, South Miami, Homestead, Aventura, Sunny Isles, Brickell, North Miami Beach, Kendall, Miami Gardens, Pembroke Pines, Cutler Bay, Hollywood, Boca Raton, and Fort Lauderdale.

Contact us if you believe you’ve been the victim of a preventable surgical error. We’ll discuss your grounds for a lawsuit during a free, confidential case evaluation. Call (305) 638-4143 today.