Fighting for Victims of Surgical Malpractice

Surgical negligence may sometimes be so egregious that the surgeon may operate on the wrong site while leaving the affected part untreated. Florida medical facilities have reported hundreds of wrong-site surgical errors to the Agency for Health Care Administration since 2012. You may be entitled to a surgical malpractice claim if you believe you suffered an injury at the hands of your surgeon or other members of their team. The experienced Florida surgical error malpractice attorneys at The Alvarez Law Firm will work tirelessly to help you obtain the compensation and justice you deserve. We bring our decades of combined experience and resources to ensure that every client gets the maximum possible compensation. 

How Do Surgical Errors Occur in Florida?

Surgeries are no doubt high-stakes situations and come with inherent potential complications and risks. When a surgeon fails to meet the prevailing standard of care, an adverse outcome for the patient may qualify as malpractice. Any healthcare professional that provides insufficient or incompetent surgical care or treatment and causes a direct injury to the patient may be held responsible for the ensuing damages and losses. 

The healthcare community recognizes the accepted standards of care, which form the benchmark against which the conduct of healthcare professionals is judged. Here are a few typical reasons that give rise to surgical errors in Florida:

  • Inadequate preoperative planning: Healthcare professionals were mandated by the Board of Medicine in 2006 to take a necessary ‘time out’ before making an incision. This was the result of a shocking string of severe surgical errors in the early 2000s.
  • Taking shortcuts: Surgeons are humans at the end of the day. Unfortunately, shortcuts and deviations from established protocols result in permanent and debilitating injuries. 
  • Poor communication: Failure to communicate vital information regarding medication dosage, surgery site, adverse reactions, and equipment failure can cause devastating results.
  • Neglect: Mistakes can happen if the healthcare professional fails to demonstrate the highest level of care and attention.
  • Impairment or fatigue: Healthcare professionals inside the operating room can make poor decisions leading to patient injury if they are under the influence of drugs/alcohol or are generally tired.
  • Incompetence or inexperience: Injuries can happen if the surgeon doesn’t have the required expertise or skills.

Types of Surgical Errors that May Constitute Medical Malpractice in Florida

Mistakes that are never supposed to happen are known as a “never event” in hospital lingo. As per a report by Johns Hopkins University, an estimated 4,000 preventable never events occur each year in the operating room. These events involve:

  • Gastric bypass surgery errors
  • Robotic-assisted surgery errors
  • Operating at the wrong site
  • Unnecessary surgery
  • Post-surgical infections
  • Nicking or cutting nerves, arteries, and organs
  • Cardiac catheterization injury
  • Leaving instruments, sponges, and other objects inside the patient
  • Stent procedure injury
  • Cardiac bypass injury
  • Angioplasty injury

An experienced attorney will understand your feelings of overpowering frustration and fear. It takes a compassionate and capable law firm to build a strong case by carefully examining the individual circumstances surrounding the event. 

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Proving Errors in Surgery 

Your surgical error attorney will need to prove that there was a breach of duty of care to prove medical malpractice. Medical professionals are held to a certain standard of care by the state of Florida. They can be deemed negligent if they fail to provide the same standard of care that another medical professional with the same ability and experience would have reasonably provided in similar circumstances.

Taking this into account, the burden to prove this negligence falls on the injured victim. A successful and considerate surgical malpractice attorney in Florida can help you prove that the surgical mistake in your case was a preventable error and hold the negligent surgeon and/or the hospital liable for damages.

Steps to Take Following a Surgical Error Injury

  • Seek immediate medical attention if you are in severe pain or believe something wrong has happened
  • Ask the surgeon for medical documents, including prescriptions, health insurance bills, and receipts. These will prove to be important evidence later on. 
  • Speak with a qualified attorney as soon as you can since every case of a medical injury doesn’t necessarily constitute medical malpractice. 

Surgical error attorneys can help in a wide array of ways. They will thoroughly investigate the claim to identify all those negligent parties that should be held liable. They will:

  • Use medical experts to review your medical records and injury
  • Examine files and reports from the healthcare facility
  • Interview witnesses
  • Investigate the professional history of the surgeon and team
  • Work directly with the hospital and insurance company

Choose a Results-Driven Surgical Malpractice Law Firm with a Proven Track Record of Settlements and Verdicts

The seasoned medical and surgical malpractice attorneys at The Alvarez Law Firm have the resources and experience to obtain the maximum compensation for your claim. You may be able to recover compensation for hospital bills, pain and suffering, and lost income with our help.

Our knowledgeable attorneys will fight relentlessly to help you pursue rightful financial compensation. Let us start by determining whether your injury and circumstances constitute strong legal grounds for a medical malpractice claim during a free case evaluation. To set up your complimentary consultation, call 877-445-7675 or reach us online

Let’s talk about your case.

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