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.


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