When you agree to undergo surgery, you place a tremendous amount of trust in your surgeon and medical team. You trust that they will follow established protocols, exercise proper care, and put your safety first.
Surgery always carries risks, but many of the most devastating surgical complications are entirely preventable. When a surgical error occurs due to negligence, the consequences can be catastrophic, leaving patients with permanent disabilities, prolonged suffering, or even death.
If a surgical error in Fort Lauderdale has harmed you or a loved one, you have the right to seek compensation for your injuries. Surgical error cases are among the most complex medical malpractice claims, requiring experience, careful investigation, and skilled legal representation.
At Rosen Injury Law, our Fort Lauderdale surgical error lawyers have recovered over $125 million for our clients. We work with leading surgical experts to thoroughly investigate your case, identify all responsible parties, and fight to secure maximum compensation for your damages.
Call (954) 787-1500 or complete the short form on our contact page to schedule a free consultation to discuss your Fort Lauderdale medical malpractice claim.
What Is A Surgical Error?
Surgical errors can occur in various ways. A surgeon may operate on the wrong body part, the wrong side of the body, or even on the wrong patient.
Retained surgical objects represent another serious category of surgical negligence. If surgical sponges, instruments, and other medical tools are left inside a patient’s body, they can cause severe infections and damage. The patient usually requires additional surgeries to remove residual materials and address the disease or other damage caused by this surgical error.
Anesthesia errors can occur when an anesthesiologist administers too much or too little anesthesia, fails to monitor the patient properly during surgery, or does not review the patient’s medical history for potential complications. Anesthesia mistakes can result in brain damage, stroke, heart attack, or death.
Nerve damage during surgery may occur when a surgeon accidentally cuts, stretches, or otherwise injures nerves during a procedure. This can lead to chronic pain, loss of sensation, paralysis, or permanent disability affecting the patient’s quality of life and ability to work.
Surgical site infections can result from errors in sterilization, surgical techniques, and failure to prescribe needed antibiotics. Surgical infections can be life-threatening.
Organ damage or puncture can happen when a surgeon inadvertently damages organs, blood vessels, or tissues near the surgical site. For example, during laparoscopic surgery, instruments may puncture the bowel, bladder, or major blood vessels, causing severe internal injuries.
Improper surgical technique encompasses numerous potential errors, including making incorrect incisions, removing too much or too little tissue, improperly closing surgical wounds, or failing to control bleeding during surgery.
Liability in Fort Lauderdale Surgical Errors Cases
Depending on the facts of your case, multiple parties could be liable for surgical errors. The operating surgeon usually has primary responsibility. However, anesthesiologists and nurse anesthetists may be liable for anesthesia-related errors.
Hospitals and surgical centers may be directly liable when institutional policies or inadequate staffing contributed to the error. They may also be vicariously liable for the negligence of their employee physicians and staff.
Medical device manufacturers could share liability if defective surgical equipment contributed to your injuries.
Our experienced Fort Lauderdale surgical error lawyers conduct thorough investigations to identify all potentially liable parties, maximizing the sources of compensation available for your damages.
Compensation Recoverable in Surgical Errors Cases
In a successful Fort Lauderdale medical malpractice case, you could recover substantial compensation for your damages. Economic damages cover your tangible financial losses, including all past and future medical expenses, rehabilitation costs, costs of additional corrective surgeries, lost wages and diminished earning capacity, costs of ongoing care or assistance, and any other out-of-pocket expenses related to the error.
Non-economic damages address your intangible losses. Pain and suffering compensation covers your physical pain, past and ongoing. Emotional distress damages recognize the psychological impact of your injuries, including anxiety, depression, and post-traumatic stress. Loss of enjoyment of life damages compensate you for your inability to participate in activities you once enjoyed. Other non-economic damages may include scarring and disfigurement, disability and impairment, and loss of consortium for affected family relationships.
In rare cases of surgical errors, you could also be awarded punitive damages. However, Florida law permits punitive damages only in cases of intentional misconduct or gross negligence.
Florida’s Statute of Limitations For Surgical Error Cases
A statute of limitations is a law that establishes a deadline for filing a claim to recover damages in a medical malpractice case. In Florida, you typically have two years from the date you discovered or should have discovered a surgical error to file your claim. However, in any event, you must file your claim within four years of the date of your surgical error, regardless of when you discovered it.
There are limited exceptions to these deadlines, including cases involving fraud, concealment, or intentional misrepresentation by the healthcare provider. Cases involving minors may also have different deadlines. You must consult an experienced Fort Lauderdale surgical errors lawyer promptly to ensure you do not miss your statute of limitations.
The Pre-Suit Investigation Period
Florida law requires you to complete a pre-suit investigation in medical malpractice claims before you can file a lawsuit. This involves obtaining a written, verified opinion from a qualified medical expert stating that the healthcare provider’s care fell below the standard of care and caused your injuries.
Once you provide notice of your intent to sue, the defendant has 90 days to investigate the claim. During this time, both sides exchange medical records and other relevant information. Only after these 90 days have passed can a lawsuit be filed. This pre-suit requirement adds complexity to surgical error claims and makes experienced legal representation even more critical.
Schedule a Free Consultation With a Fort Lauderdale Surgical Errors Lawyer Today
If a surgical error has harmed you or your loved one, you need the help of an experienced Fort Lauderdale surgical errors lawyer to protect your rights and help you recover the compensation you deserve. At Rosen Injury Law, our injury lawyers will meet with you at no charge to listen to you, answer your questions, and explain your options. If we take your case, we will work diligently to help you secure maximum compensation for your damages. Call (954) 787-1500 or visit our contact page to schedule a free consultation today.