The goal of having surgery is to improve your quality of life or put you in a more optimal position to heal from illness or disease. But what happens when a surgeon’s error results in an injury or death?
Unfortunately, surgical errors do occur. The consequences of these errors are that some patients end up in worse condition health-wise than they were before surgery. Many people have suffered serious injuries or died on the operating table due to surgical errors.
Any time a medical procedure is performed, there are risks for injury. However, sometimes, a medical professional deviates from the appropriate medical standard of care, and a patient gets hurt. When this occurs, the medical professional should be held liable for negligence or failure to act.
If you lost a loved one due to a surgical error, call Prosper Shaked Accident Injury Attorneys PA today to discuss your legal options. While no amount of compensation could ever replace the loss of your loved one, we can help you and your family seek justice and move forward into your future.
Common Surgical Errors That Cause Wrongful Death
Even seemingly minor surgeries can go horribly wrong when a medical professional makes a mistake or fails to act appropriately. However, some surgeries are more invasive, increasing the risk of dying during or after the operation.
The following is a list of common surgical errors that can result in the loss of life:
- Anesthesia errors
- Wrong surgery site
- Wrong patient
- Surgical amputation errors
- Perforation of vital organs
- Gynecological surgical mistakes
- Leaving surgical instruments in the body
- Failure to sanitize surgical instruments
- Out-of-date surgical procedures
- Incorrect surgical procedures
- Cardiothoracic surgical error
- Incomplete pre-operation planning
- Unnecessary surgery
- Failing to monitor the patient throughout the procedure
- Negligent analysis of medical records
- Negligent post-operative care
Common Causes of Surgical Errors That Lead to Wrongful Death
Surgical errors can be devastating. When a healthcare professional makes a mistake during surgery, the consequences can be life-changing for patients and their families. While surgical errors can occur for various reasons, here are some of the most common causes.
Lack of Communication
Surgical errors often occur because of poor communication between surgical team members. For example, a surgeon may fail to communicate important information to the anesthesiologist, or the nursing staff may not communicate effectively with the surgeon during the procedure. When surgical teams do not communicate efficiently, the patient can suffer serious and irreparable harm.
Overworked and Understaffed Medical Teams
Hospital workers in Miami are often overworked and understaffed. From operating rooms to post-op care facilities, overworked medical professionals feel serious fatigue and job burnout, resulting in deadly medical errors. Hospitals do not have protocols in place to prevent burnout. Hospitals and medical care facilities must prioritize staff-to-patient ratios and ensure their doctors and nurses aren’t working long shifts.
Inadequate Training and Experience of Medical Staff
Hospitals do not always train support staff appropriately. It takes many healthcare professionals to make surgery run smoothly. Staff must sterilize equipment, use proper handwashing techniques, and monitor patients carefully post-op. When these medical professionals lack adequate training or experience, they may make mistakes during surgery, leading to serious injury or death.
Poor Planning and Preparation For Surgery
Surgical procedures require careful planning and preparation to ensure that everything goes smoothly. If medical staff fail to prepare adequately for surgery, they may overlook important details or make mistakes that can lead to errors during the procedure.
Equipment or Technology Malfunctions
Surgical procedures often require the use of specialized equipment and technology. If this equipment or technology malfunctions during the procedure, it can lead to serious surgical errors that can result in injury or death.
It is important to note that surgical errors that lead to wrongful death are often preventable. For this reason, doctors, surgeons, medical professionals, and medical institutions can – and should – be held accountable when egregious errors occur.
Filing a Medical Malpractice Lawsuit After a Surgical Error
Medical malpractice is a subset of personal injury law but is much more complex and difficult to pursue. Before a patient can sue for medical malpractice, they must notify the defendant of intent. The notice must contain an affidavit from a medical professional verifying that the patient has a valid malpractice claim.
To claim medical negligence, you and your medical malpractice lawyer must prove four elements:
- The surgeon owed the patient a legal duty of the accepted standard of medical care;
- The surgeon deviated from the accepted standard of medical care, thus breaching the duty owed to the patient;
- As a result of the surgeon’s negligence, the patient suffered illness or injury; and
- The breach of duty was the cause of the patient’s illness or injury.
Florida does not have a cap on the number of damages you may receive in a medical malpractice lawsuit unless the hospital has sovereign immunity. As an injured patient, you may receive both economic and non-economic damages, as well as punitive damages in many cases.
You must file this medical malpractice claim within two years of the injury or four years from the surgical procedure if the injury was not discovered quickly. The only exception is if the court finds a surgeon fraudulently concealed the malpractice. In that case, the statute of limitations is two years from when the injury was discovered or seven years from when the malpractice occurred.
Filing a Wrongful Death Claim After a Surgical Error
But what happens when the patient dies because of a medical malpractice error? Can family members file a medical malpractice claim, or do they need to file a wrongful death claim?
When medical malpractice causes the death of a loved one, family members may wonder what steps they can take to seek justice and compensation for their loved one’s death.
When a patient dies due to medical malpractice, family members can file a medical malpractice wrongful death claim against that person or the institution responsible. A medical malpractice wrongful death claim is a legal action brought by specific family members of a deceased person against the person or entity responsible for the death. In this case, the healthcare professional or facility that provided substandard care would be the target of the wrongful death claim.
Filing any type of wrongful death claim is a complex legal process that requires the assistance of a wrongful death lawyer. However, a medical malpractice wrongful death lawsuit is even more complicated. If you or someone you know is considering filing a wrongful death claim, choose an experienced lawyer with experience handling medical malpractice wrongful death cases.
Understanding Florida’s Free Kill Law
There is a distinction between a wrongful death lawsuit and a medical malpractice wrongful death lawsuit in Florida.
In an ordinary wrongful death lawsuit, surviving family members can seek compensation for various damages, including medical expenses, funeral expenses, lost income, emotional distress, and pain and suffering. Family members often include spouses, children, siblings, and even parents.
The “Free Kill” law in Florida, however, limits who can collect pain and suffering damages. In a medical malpractice wrongful death lawsuit, only spouses and surviving children under 25 can pursue damages for pain and suffering. In addition, parents may not file a lawsuit for adult children older than 25 who have lost their lives due to medical mistakes.
This can be especially devastating for adult children who’ve lost their parents or parents who’ve lost their adult children due to a medical malpractice error.
If you are unsure if you can file a medical malpractice wrongful death lawsuit, you need to speak with an experienced Miami surgical error attorney immediately. The laws in Florida are constantly changing, and your attorney will know the best course of action. You may have more choices than you believe. For this reason, meet with an attorney in a free consultation to explore your legal options.
Call a Miami Surgical Error Attorney
If you or someone you love has suffered injuries caused by a surgical error, consult an attorney to see your options for pursuing a medical malpractice claim. If someone you love died because of a medical or surgical error, you need a law firm on your side with a proven track record of success handling medical malpractice wrongful death cases.
Prosper Shaked Accident Injury Attorneys PA will use every tool and resource available to fight tirelessly for you and your family’s legal rights. Call Prosper Shaked today at (305) 694-2676 for a free and confidential consultation.