Fort Lauderdale Surgical Error Lawyer

What Is Considered a Surgical Error?

A surgical error is a preventable mistake made before, during, or after a procedure that causes harm. Complications that arise despite proper care are not malpractice. When a surgeon deviates from the accepted standard of care, and that deviation causes injury, it is malpractice.

These failures can happen at any stage of care, not just in the operating room. Mistakes during pre-operative evaluation, communication breakdowns, or insufficient monitoring during recovery may all contribute, and we understand how frustrating and confusing this can be for patients and families.

Which Surgical Errors Are Most Common in Fort Lauderdale?

Fort Lauderdale surgical malpractice lawyers at Osborne, Francis & Pettis handle a wide range of surgical failures, including:

• Wrong-site, wrong-patient, or wrong-procedure surgery occurs when a surgeon operates on the incorrect body part, performs a procedure on the wrong patient, or conducts an operation the patient never needed. These errors are entirely preventable and represent some of the most serious failures in surgical care.
• Unintended organ or tissue damage happens when a surgeon accidentally cuts, pokes, or tears body parts near where they are operating. For example, cutting the bowel by mistake during a simple procedure, poking a blood vessel, or damaging nerves can lead to dangerous complications and lasting injury.
• Retained surgical items happen when tools, sponges, or other items are left inside a patient after surgery. These leftover items can lead to infection, internal bleeding, and damage to organs that might not be noticed for weeks or months.
• Anesthesia errors during surgery include giving the wrong dose of medication, failing to check the patient’s vital signs, or failing to ensure the patient’s breathing is safe. Each of these problems can cause brain injury, heart problems, or death.
• Post-operative negligence covers mistakes after surgery ends: missing signs of bleeding inside, failing to treat an infection, sending a patient home too soon, or not checking on problems so they get worse.
• Unnecessary surgery causes harm when a surgeon recommends or performs a procedure that was not medically needed. Patients who undergo operations they did not need are exposed to surgical risks for no justifiable reason.

$7.5 Million Settlement for Surgical Error

Osborne, Francis & Pettis secured a $7.5 million settlement for a client. The client was rendered quadriplegic after neck surgery because a medical product was used improperly, causing spinal cord compression. The harm resulted directly from how the procedure was performed.

Where Do Surgical Errors Happen in Fort Lauderdale?

Fort Lauderdale is home to some of the busiest surgical facilities in South Florida, including:

• Broward Health Medical Center, a Level I Trauma Center performing thousands of procedures annually.
• Holy Cross Health, offering cardiac, orthopedic, and robotic surgery programs.
• Ambulatory surgical centers across Fort Lauderdale, which operate with smaller teams and fewer oversight mechanisms.

Residents also receive care at nearby facilities such as Memorial Regional Hospital in Hollywood and Cleveland Clinic Florida in Weston.

A surgical error can occur at any of these facilities. When it does, patients deserve answers.

Why Do Surgical Errors Happen?

Surgical errors are preventable. They happen when surgeons, surgical teams, or their facilities fail to meet the standard of care. Here are some common reasons:

• Inadequate pre-operative planning,
• Poor communication among the surgical team,
• Fatigue and overextension,
• Lack of training or supervision, and
• Hospital systems that prioritize volume over safety.

If you believe you or a loved one suffered from a surgical error, do not face the hospital or insurers alone. Call Osborne, Francis & Pettis at (561) 293-2600 now for a free, confidential consultation and get experienced support from a dedicated Fort Lauderdale surgical malpractice team.

Do You Suspect a Surgical Error? Steps to Take Now

If your condition has worsened after surgery, if a second doctor has raised concerns, or if you cannot get answers from the facility that operated on you, do not wait to:

• Request your complete medical records. You have the right to obtain operative reports, nursing notes, anesthesia records, pathology reports, and post-operative documentation. Request these in writing and keep copies of everything.
• Get a second medical opinion. A surgeon who was not involved in your care can review your records and current condition and tell you honestly whether what happened was within the standard of care.
• Write down what you remember. Your account of what you were told before surgery, what happened during recovery, and how your condition has changed matters. Write it down while the details are fresh and note every conversation you have had with the surgical team or hospital staff.
• Contact a Fort Lauderdale surgical error attorney before signing anything the hospital or its insurer sends. Releases, authorization forms, and early settlement offers can limit your future options. An attorney will carefully listen, review what happened, and help you take your next steps while ensuring your rights are protected from the very beginning.

What Do I Need to Prove Surgical Malpractice?

When something goes wrong in a Fort Lauderdale operating room, the hospital's risk management team is notified before the patient even knows what happened. By the time you start asking questions, the facility has already started building its defense. Four things must be established to prove surgical malpractice in Florida:

• Duty of care. A doctor-patient relationship existed, and with it a legal obligation to provide competent surgical care.
• Breach of duty. The surgeon deviated from accepted medical practice. Operating on the wrong site, leaving instruments behind, using improper technique, or failing to respond to a deteriorating post-operative condition are all examples of that deviation.
• Causation. The negligence directly caused the injury. The harm would not have occurred had the surgeon performed the procedure correctly.
• Damages. The patient suffered real, measurable harm: additional surgeries, ongoing medical treatment, lost income, or pain and suffering.

Each of these elements must be supported by evidence, including medical records, expert testimony from surgeons in the same specialty, and, in some cases, pre-surgical consent forms showing how the procedure deviated from what was planned.

A Martindale-Nolo survey found that more than 9 out of 10 people who hired a personal injury lawyer received a settlement or award, compared with about half of those who handled their own claims. Surgical error cases are no exception.

How Can I Start a Surgical Error Lawsuit in Fort Lauderdale?

When you contact Osborne, Francis & Pettis, you do not need to have everything figured out. You need to make one call. From there, here is what the process looks like.

• We review your case. Before anything is filed, your Fort Lauderdale surgical error lawyer and a qualified medical expert review your records to determine whether the care you received fell below the accepted standard. In Florida, expert opinion is required by law before a lawsuit can proceed.
• The surgical facility is put on notice. Written notice must be sent to every provider named in the claim. This starts a 90-day window during which the hospital, surgeon, and their insurers investigate. Many cases resolve during this time. Those who do not move to litigation.
• We file the lawsuit. If the pre-suit process does not produce a fair resolution, the lawsuit is filed. Osborne, Francis & Pettis prepares each surgical error case as if it will go before a jury.
• The case goes to trial if necessary. When a fair settlement is not offered, the founding partners at Osborne, Francis & Pettis have the courtroom experience to see the case through. The firm has gone to trial against some of the largest healthcare systems in Florida and won.

$3.8 Million Recovery for Contraindicated Surgery

Osborne, Francis & Pettis recovered $3.8 million for a minor who underwent a surgery that should never have been performed, resulting in permanent brain injury. The providers also failed to recognize worsening neurological symptoms after the procedure and did not treat a progressing brain infection, allowing the condition to deteriorate further.

​Is There a Time Limit to Bring a Surgical Malpractice Claim?

In Fort Lauderdale, surgical malpractice claims must be filed within these timeframes:

• Two years from the date you discovered, or reasonably should have discovered, that a surgical error caused your injury. For example, if a second doctor told you six months ago that your ongoing pain was due to a surgical mistake, your two years started then.
• Four years from the date the surgery occurred, regardless of when the injury was discovered. Even if you only recently connected your symptoms to the procedure, this is the outer limit in most cases.
• Seven years when a surgeon or facility committed fraud or actively concealed the error. If the hospital told you the procedure went smoothly but later records revealed otherwise, this longer deadline may apply.
• Extended deadlines for minors, with the limitations period potentially adjusted depending on the child's age at the time of the surgery.

A retained instrument, a severed nerve, or internal damage from improper technique can go undetected for weeks or months after surgery. If you are unsure when your deadline begins, a Fort Lauderdale surgical errors attorney can review the specifics of your case and give you a clear answer.

Proudly Representing Fort Lauderdale Residents