Typically, the goal behind surgery is to improve a patient’s quality of life or to put a patient in a more optimal position to heal from illness or disease. Unfortunately, surgical errors do occur. The consequences of these errors are that some patients end up in worse condition health-wise than they were prior to 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. Nevertheless, there are times when a medical professional deviates from the appropriate medical standard of care and a patient is harmed as a result. In these types of cases, the medical professional should be held liable for his or her negligence or failure to act. If you or a loved one have suffered injuries due to surgical error, call Prosper Shaked Accident Injury Attorneys PA today to discuss what your legal options are going forward.
Common Surgical Errors That Cause Injuries
The types of injuries that a patient can incur from surgery depends on the type of surgery they receive. Some surgeries are more invasive than others, and some body parts are especially prone to injury. The following is a list of common surgical errors:
- Anesthesia errors
- Wrong surgery site
- Wrong patient
- Perforation of vital organs
- Leaving surgical instruments in the body
- Failure to sanitize surgical instruments
- Out of date surgical procedures
- Incorrect surgical procedures
- Incomplete pre-operation planning
- Unnecessary surgery
- Failing to monitor the patient throughout the procedure
- Negligent analysis of medical records
- Negligent post-operative care
As mentioned above, the type of injury that a patient can suffer from is dependent upon the type of surgery received. It is also dependent upon the type of error that the surgeon made and the level of invasiveness by which the procedure was performed. Below is a list of common injuries that are the result of surgical errors:
- Muscle damage
- Spinal cord injuries
- Nerve damage
- Painful scar tissue
- Traumatic brain injury
- Extreme scarring
- Organ damage
- Internal bleeding
- Damage to arteries
- Lack of oxygen to the brain
- Emotional trauma
- Tissue damage
- Wrongful death
Medical Malpractice Cause of Action for Surgical Error
Medical malpractice is a subset of personal injury law, but it is much more complex and difficult to pursue. Before a patient can sue for medical malpractice, he or she must serve the defendant with a notice of intent to sue. The notice must contain an affidavit from a medical professional verifying that the patient has a valid malpractice claim. In order to make a claim for medical negligence, a plaintiff 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 amount of damages a plaintiff may receive in a medical malpractice lawsuit. Plaintiffs may receive both economic and non-economic damages, as well as punitive damages.
Florida Statute of Limitations for Medical Malpractice Causes of Action
The statute of limitations for filing a medical malpractice claim in the State of Florida is two years from the time a patient discovered the injury. If the injury has not been discovered within four years of the surgical procedure that caused damages, the case will be thrown out. The only exception to this is if the court finds that 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 the time the malpractice occurred.
Call a Miami Surgical Error Attorney
Medical malpractice claims are routed exclusively in injuries related to hospital and medical care. The statute of limitations is shorter than regular personal injury lawsuits, therefore, it is easy for injured patients to miss the window for filing a claim. The complexity of medical malpractice claims and the nuanced medical issues that they involve are difficult to navigate without the assistance of a skilled medical malpractice attorney.
If you or someone you love has suffered injuries caused by surgical error, consult an attorney to see what your options are for pursuing a medical malpractice claim. As stated above, medical malpractice claims are very difficult to prove. Retaining an experienced surgical injury lawyer is necessary to put a patient in the best possible position to seek just compensation for injuries suffered at the hands of a negligent surgeon. Prosper Shaked Accident Injury Attorneys PA will use every tool and resource available to fight tirelessly for your legal rights and help you get back on your feet again. Call Prosper Shaked today at (305) 694-2676 for a free and confidential consultation.