Medical Malpractice Due to Surgical Errors

It is estimated that every year, thousands of people are injured in the United States due to surgical errors. A surgical error is defined as an unintentional, preventable injury that is not considered a known acceptable risk of surgery and could have been avoided by following the standard of care. Surgical errors can cause significant harm, including death, and result in overwhelming financial burdens on harmed patients.

Surgical errors can include (but are not limited to) sponges or operating tools and equipment left in the patient after surgery, mislabeled surgical specimens, or wrong-site, wrong-procedure, and wrong-patient errors (also known as WSPs). The complications from surgical errors can include significant blood loss, nicked vital organs, spinal cord surgery, paralysis, pulmonary embolism, or even death.

What causes surgical errors? If you think you or a loved one was a victim of medical malpractice during a surgical procedure, one or more of these scenarios could have been involved:

• Miscommunication among medical professionals
• Lack of training
• Unnecessary procedures
• Provider burnout
• Operating room noise and distraction

Several collaborative U.S. and international agencies and organizations work together for quality improvement initiatives in the area of surgical errors. For example, the World Health Organization has found that a tool as simple as a checklist can have a tremendous impact on reducing the number of surgical errors.

In the United States, The Joint Commission also plays an important role. Founded in 1951, The Joint Commission’s objective is to affirm the highest standards of healthcare safety and quality for all. To that end, they evaluate and accredit more than 23,000 healthcare organizations and programs in the country. Still, surgical errors and other types of medical errors, including things like misdiagnosis, lack of informed consent, obstetrical negligence, and improper discharge planning can occur frequently.

What if You’ve Suffered a Surgical Error Due to Medical Malpractice?

If you think your doctor committed medical malpractice related to your surgery, you may have a claim for compensation. In Florida, you must prove the following elements in order to be successful in your claim:

• You were owed a duty of care by a medical professional.
• The medical professional breached the duty of care.
• The breach of the duty of care was the proximate cause of your injuries.
• Your injuries are compensable.

The duty of care requirement is usually met if there is a doctor-patient relationship involved.

The breach of the duty of care is proven by showing that the doctor failed to meet the standard of care that is applicable where you live. In Florida, the standard of care is what a reasonable healthcare provider would do under the same or similar circumstances. Proving a breach of the duty of care can be complicated and, in a medical malpractice case in Florida, requires expert testimony from other doctors.

If the breach of the duty of care was the cause of the injury, that means that the healthcare professional’s breach of the standard of care caused or contributed to the patient’s harm.

For injuries to be compensable, you must prove that you suffered economic and/or non-economic damages. Economic damages can include things like medical and rehabilitation costs and fees, lost wages, and other out-of-pocket expenses. Non-economic damages are subjective, non-monetary losses and include things like pain, suffering, loss of enjoyment of life, and emotional distress. Florida law only allows a patient to recover punitive damages in particularly rare and egregious situations.

Florida’s Statute of Limitations

Under Florida’s statute of limitations, you have two years from the date of the incident to bring your claim. This time period may be extended in certain situations, such as when it was not possible to be aware of the negligence when it occurred (ex., when a misdiagnosis resulted in a delay in treatment).

Because of this relatively short window, which includes addressing time-intensive pre-suit requirements, it’s imperative to contact an Orlando medical malpractice lawyer or Fort Lauderdale medical malpractice attorney at Osborne, Francis & Pettis as soon as you suspect you or a loved one has been harmed during surgery.

Don’t Delay in Contacting Osborne, Francis & Pettis

Surgical errors are a continual topic of conversation due to their incidence and potentially catastrophic side effects. At Osborne, Francis & Pettis, we understand how important your case is to you and your family, and we believe in diligently representing our clients with sympathy and tact. Contact us for a free consultation so we can help evaluate your claim.

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