Legal Options for Injuries in Surgical Centers

Unfortunately, many surgical centers have started cutting corners in terms of quality of care and are willing to offer more complex surgical procedures in order to maximize profits. Without proper medical protocol or adequate medical and surgical training and experience of the operating surgeon, any surgical procedure can result in injury and a potential medical malpractice suit. Florida law allows patients that suffered injuries because of an error performed during their procedure in a surgical center to hold the center, surgeon, surgical team, and any other medical personnel liable. The proven and knowledgeable medical malpractice attorneys at The Alvarez Law Firm can help you in your pursuit of obtaining substantial compensation for your injuries, losses, and pain and suffering. When you need a winning Miami surgical error attorney, look no further than Alvarez Law Firm.

Healthcare workers using medical equipment

What is Considered a Surgical Center in Florida?

Surgical centers in Florida are also known as ambulatory surgery centers or ASCs. These locations are becoming increasingly popular for offering same-day surgical procedures in a simple and affordable fashion. Their lack of in-patient care following a procedure is what makes these centers different. Typically, patients are kept overnight or longer in hospitals following surgery to monitor their recovery. Surgery centers send the patient home, making the procedure more affordable. Urology, orthopedics, cosmetics, ophthalmology, pain management, and gastroenterology are a few common areas that are addressed by surgical centers in Florida.

Causes of Malpractice in Florida Surgical Centers

Characteristics that make surgical centers more financially attractive are what often lead to surgical malpractice. Surgery centers don’t keep patients following the procedure, which means the medical team needs to be certain before they release a patient to go home. The expedited nature of operations can result in the staff making critical errors. As Miami surgical error lawyers, we see this unfortunate situation happen all the time to our clients.

Moreover, surgical centers are not likely to be equipped to deal with certain emergencies that may occur in the operating room. They also may not have multi-specialty facilities to protect patients in the event of a surgical complication. Patients can suffer from errors resulting in injuries and even death in case the surgical center doesn’t maintain consistent and thorough procedures.

These are a few medical mistakes that can cause surgical center malpractice:

  • Incorrect or delayed diagnosis
  • Making surgical or anesthesia-related errors 
  • Failure to recognize the need for monitoring following a surgery
  • Discharging a patient too soon
  • Failure to inform the patient about the risks of surgery
  • Failure to sterilize surgical equipment
  • Hiring under-qualified or improperly trained staff

There is often an underlying commonality among most surgical center malpractice cases – they are not accredited by any external body. Surgical centers focusing on elective procedures in Florida are usually not accredited. 

How to Hold a Surgical Center Liable for Your Injuries

Surgery centers use independent physicians, nurses, and other service providers to complete a significant portion of the work. In many cases, the anesthesiologist is independent as well. While the procedure is performed using the space and equipment of the surgery center, it is essentially not under the direct supervision of the surgery center’s staff. These centers use this relationship as a defense to get out of paying compensation to victims of surgical center malpractice.

Pertaining to this, Florida law recognizes the concept of vicarious liability. This means the surgical facility shares liability if the injured victim can establish that the medical provider (contractor) was acting on behalf of the center. Your Miami surgical error lawyer will work hard to show that you were given an impression of an association between the medical provider and the facility. This can be through any communication made to you from the surgery center itself.

Accomplished and reliable surgical center malpractice attorneys will evaluate all parties that share responsibility for causing your injury.  It's crucial to understand that you can still file a medical malpractice lawsuit if you signed a consent form. Patients don’t consent to the healthcare provider deviating from a responsible standard of care or committing malpractice. Additionally, you may have signed the consent form without making informed consent. This is usually true in cases where the surgeon gave incorrect information or withheld information. 

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Damages in Florida Surgical Center Malpractice Lawsuits

You can hold the doctors, surgeons, nurses, and other healthcare professionals involved in your procedure accountable for any harm and damage caused to you through their negligence. A Surgical center malpractice lawsuit can help obtain substantial compensation, including:

  • Current and future medical expenses
  • Lost income
  • Diminished earning capacity
  • Diminished capacity to enjoy life
  • Physical pain and suffering
  • Mental anguish
  • Loss of guidance or companionship of family members (wrongful death)
  • Any other damage recoverable as per Florida statutes

Choose the Most Results-Driven Surgical Center Malpractice Law Firm With a Proven Track Record of Settlements and Verdicts

There is a big difference between regular risks associated with surgery and unnecessary errors committed by the surgeon and their team, causing undue hardships and serious injury. The seasoned Florida surgical center malpractice attorneys at The Alvarez Law Firm have been around the legal corners. They have the industry experience to look for things that can help prove your claim. We have ways to access and interpret sensitive information, which you may not be able to retrieve on your own. Every shred of evidence is crucial in proving a surgical center malpractice claim, and that is where the attorneys at Alvarez Law Firm stand out. Schedule your free and confidential consultation with us today. Call us at 877-445-7675 or write to us online.

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