Surgery always carries risks, but we expect those risks to be managed with the highest level of professional care. Unfortunately, preventable surgical errors occur far too often in Florida hospital...
Surgery always carries risks, but we expect those risks to be managed with the highest level of professional care. Unfortunately, preventable surgical errors occur far too often in Florida hospitals. From operating on the wrong body part to leaving instruments inside a patient, these mistakes can lead to severe complications, additional surgeries, and even death. Understanding your rights after a surgical error is essential for your recovery and future.
Common Types of Surgical Errors
Surgical errors can take many forms. 'Wrong-site' surgery, where a procedure is performed on the wrong limb or organ, is a shocking but real occurrence. Other common errors include anesthesia mistakes, accidental perforation of organs, nerve damage, and the retention of foreign objects like sponges or clamps inside the patient's body after closing.
Why Do Surgical Errors Happen?
Most surgical errors are preventable and often result from systemic issues or individual negligence. Fatigue, miscommunication among the surgical team, failure to follow safety protocols (like the 'time-out' procedure), and inadequate preoperative planning are frequent causes. In some cases, a surgeon may be under the influence or simply incompetent.
Proving Negligence in Surgery Cases
To win a surgical error claim, you must prove that the surgeon's conduct deviated from the accepted medical standard. This often involves showing that a competent surgeon would not have made the same mistake under similar circumstances. Detailed medical records and expert testimony are critical in establishing this breach of duty.
Damages for Surgical Injuries
Victims of surgical errors may be entitled to significant compensation. This can include coverage for corrective surgeries, ongoing medical care, lost wages during recovery, and non-economic damages for pain, suffering, and loss of quality of life. In cases of gross negligence, punitive damages might also be available.
What to Do If You Suspect an Error
If you experience unexpected pain, infection, or complications after surgery, seek a second opinion immediately. Do not rely solely on the original surgeon's explanation. Request your medical records and contact a malpractice attorney to review your case before the statute of limitations expires.
Contact Emas Law Group Today
A surgical error can turn a routine procedure into a nightmare. You shouldn't have to pay for a surgeon's mistake. At Emas Law Group, we have the resources and expertise to investigate surgical errors and fight for the compensation you deserve. If you've been injured during surgery, contact us today to discuss your potential claim.
Frequently Asked Questions
What is 'wrong-site' surgery?
Wrong-site surgery is a 'never event' where surgery is performed on the wrong body part, wrong side of the body, or the wrong patient entirely.
Can I sue for a sponge left inside me?
Yes. Leaving a foreign object inside a patient is a classic example of medical negligence and typically serves as strong grounds for a malpractice lawsuit.
Is infection after surgery considered malpractice?
Not always. Infections are a known risk of surgery. However, if the infection was caused by unsterile equipment or negligent post-operative care, it may be malpractice.