Surgical Errors

At Morgan & Morgan, the attorneys in our Florida offices regularly handle medical malpractice cases, and have been successful in collecting compensation for patients who have been injured by surgical errors. Patients are typically forewarned of risks associated with procedures they undergo; however, they expect their surgeon will proceed with the utmost care and minimize the potential for these risks. If a surgeon breaches the standard of care expected of medical professionals and the patient is injured as a result, the surgeon, staff or hospital may be liable for any resulting damages.

If you or a loved one has sustained injuries due to a surgical error, you may have the option to collect compensation for your injuries. To discuss your case with one of our medical malpractice attorneys, please fill out our case review form today, at no cost or obligation to you.

How Can an Attorney Help Me Prove Medical Malpractice?

Given the complicated nature of invasive procedures, there are many risks that can accompany any type of surgery. If a health care professional deviates from the expected standard of care and harms a patient, they may be liable for their negligence or failure to act. An attorney can help an injured patient show the three essential elements necessary in a successful medical malpractice claim: breach of duty, injury, and damages.

Breach: The surgeon’s work must fall below accepted and expected standards, breaching the duty of care owed to the patient.

Injury: The patient suffers an injury as a result of this breach of the expected standard of care.

Damages: The injury the patient sustained has a negative impact--emotionally, physically, psychologically, and/or financially.

Each medical malpractice case is unique, and employing the help of a knowledgeable attorney can prove to be essential in the outcome of a case. For example, demonstrating a causal link between the violation and the injury may be difficult; however, an experienced attorney’s use of medical experts, examination of hospital files and charts, review of the practitioner’s surgical history, and interviews with witnesses can help establish this causal link.

The statute of limitations in Florida only provides injured patients a certain amount of time to bring a medical malpractice suit, so it is important to contact an attorney as soon as an injury is discovered.

Types of Surgical Errors

Some examples and causes of surgical error include:

• Performing surgery on the wrong part of the body;
• Performing unnecessary surgeries;
• Negligent use of surgical tools;
• Negligent sanitary preparation for surgery;
• Misreading or ignoring laboratory results;
• Failing to follow up with a patient after surgery;
• Discharging a patient prematurely;
• Disregarding or not taking appropriate patient history
• Unnecessarily delayed surgery, causing further complications;
• Negligently leaving surgical instruments, sponges, or towels in the patient;
• Failing to recognize symptoms, or misdiagnosing;
• Failing to advise a patient of all potential risks;
• Negligent damage to parts of the body not being operated on;
• Inattentive staff or doctors;
• Failure to construct a surgical plan; and
• Reckless decisions under pressure.

The attorneys at our Florida offices handle cases stemming from back surgery; brain surgery; spine surgery; botched surgery; eye surgery; unnecessary surgery; and bariatric surgery.

What Compensation Can I Recover in a Surgical Error Lawsuit?

Depending on the extent of the error and injury, a plaintiff, or their family, may be entitled to:

• Current and future medical bills;
• Lost wages;
• Loss of future wages;
• Pain and suffering;
• Disability;
• Living expenses;
• Transportation expenses;
• Therapy; or
• Loss of consortium.

It is important to note that Florida has placed a cap on intangible damages stemming from medical malpractice. The limit depends on the extent of the injury and damage, and can range anywhere from $500,000 to $1,500,000.

At Morgan & Morgan, our attorneys understand the complications and hardships that can accompany an injury due to surgical negligence. If you or a loved one has been injured as the result of a surgical procedure, Morgan & Morgan may be able to help you collect compensation for your losses. To have one of our medical malpractice attorneys take a look at your claim, please fill out our free case evaluation form today.

Why Should I Talk to a Lawyer?

Talking to a lawyer might change the trajectory of your case. This is because personal injury lawyers can help you understand rights you never knew you had. Most importantly, such attorneys can fight for you, ensuring you receive the compensation you need and deserve after an injury.

If you or your loved one has been injured due to someone else’s negligence, Morgan and Morgan attorneys might be able to fight for you. All you need to do is contact us for a free, no-obligation case evaluation.

When Is It Unnecessary to Talk to a Personal Injury Lawyer?

Although personal injury attorneys can significantly influence your case, not all cases require an attorney. For example, if you were involved in a car accident but did not suffer any bodily injuries, this could be a straightforward case.

All you will have to do is file a claim with the other party’s insurance company to settle the damages to your vehicle. The insurance company will likely send an adjuster to evaluate the damages. Then, after establishing the cost of repair, the insurer will write you a check and have you sign an agreement to confirm that the case is closed.

When Should I Speak With an Attorney?

You might need to speak with an attorney if you or your loved one suffered significant injuries after the accident. The same applies if you lost a loved one.

It is also important to note that you may need to speak with an attorney even if you did not suffer any bodily injuries. For example, if you are insured against certain damages but the insurance company refuses to settle, this could be a good reason to speak with an attorney. The lawyer will review your insurance policy to determine whether you are covered and then take action against the insurance provider if they establish that they indeed denied you the compensation you deserve.

The same applies if your property was damaged by someone else’s activities. For example, if you live near a quarry, explosions from the quarry could damage your property. The repair costs could amount to thousands of dollars, and that is the last thing you want to pay out of pocket.

For this reason, you may be able to sue the mining company for the damage. But before you do that, make sure you speak with an attorney.

How Can an Attorney Help?

The attorney will evaluate your situation to determine whether you have a valid case. After establishing that your claim is valid, the lawyer will evaluate the damages incurred and the parties responsible for these damages. Then, they will estimate the dollar value of your claim.

After collecting strong evidence to prove your case, the lawyer will file a claim against the liable parties, seeking compensation for your injuries. The other party will respond to the claim by either accepting or denying the settlement offer from your attorney.

If the insurance company agrees to settle, the lawyer will walk you through the next steps, ensuring you do everything right. On the other hand, if they refuse to settle, the attorney will explore other options available, including but not limited to filing a personal injury lawsuit against the liable parties.

Can My Attorney Represent Me in Court?

Yes, your attorney can represent you in court against the other party. However, it is important to note that not every attorney you come across has courtroom experience.

Because most personal injury cases are settled out of court (this option is less expensive and stressful), many attorneys in this field lack courtroom experience. Therefore, the fact that your attorney is willing to represent you in court does not mean you would win the case. Rather, their appearance in court could be as good as not having an attorney in the first place.

But you should not be worried about that when you work with Morgan and Morgan, the largest personal injury law firm in the United States. This is because our attorneys have courtroom experience. In fact, we require them to settle a certain number of court cases every year. This ensures that the attorney is prepared for different scenarios.

Suppose the other party refuses to settle, thinking that taking the case to court will jeopardize your claim. In that case, they might be surprised to discover that you are being represented by attorneys with courtroom experience.

Why Is Courtroom Experience Important for a Lawyer in a Personal Injury Case?

As mentioned earlier, most personal injury cases settle out of court. However, having an attorney with courtroom experience is a game-changer. This is because such attorneys can significantly increase your chances of obtaining favorable compensation.

In addition, when the other party’s legal representative realizes that your attorney does not have courtroom experience, chances are they will want to push the case to court. And since your attorney lacks courtroom experience, they will likely settle for a lowball offer to avoid taking the matter to court.

Morgan and Morgan Attorneys Are Here to Help

If you or your loved one has been injured by someone else’s negligence, Morgan and Morgan personal injury attorneys might be able to help. And if we take on your case, you will not pay us anything unless we win.

Ready to get started with your claim? Fill out our free case evaluation form.