Blogs By K Ryan

Surgeons operate on wrong side of Florida patient

Surgical Errors and Medical Malpractice

All surgery comes with inherent risks, but some risks should never come into play. Florida medical providers have performed surgery on the wrong patient, on the wrong body part, or even on the wrong side of the right patient’s body.

These types of surgical errors are obvious instances of medical malpractice.

Other instances of medical malpractice surgical errors include leaving behind surgical tools and materials, puncturing organs, and causing nerve damage unrelated to the intended surgery. Suffering from any of these medical malpractice surgical errors means you’re entitled to compensation for your pain and suffering.

If you believe that you were injured by a medical malpractice surgical error, contact Lytal, Reiter, Smith, Ivey & Fronrath today for a free consultation with an experienced medical malpractice lawyer.

What is medical malpractice?

Florida law defines medical malpractice as death or injury caused by the negligence of a health care provider, which can be a person or entity. According to state code, medical malpractice is no different from medical negligence.

As a patient, you are owed a certain level of care and consideration by medical providers. Medical malpractice surgical errors mean that the medical provider neglected to act according to that duty of care.

In instances where a medical malpractice surgical error is believed to be purposeful, medical providers are not just at risk of a civil lawsuit. They may also face charges in criminal court.

Main Evidence Required to Prove Medical Malpractice

For an injury caused by a medical practitioner to be considered medical malpractice, the plaintiff (which would be you in this case) needs to prove that:

  • The medical practitioner was negligent in the patient care or services provided or omitted
  • The patient’s injury was a direct result of that negligence

What if I wasn’t technically injured, but I don’t like the results of my surgery?

Under current law, subpar surgery results usually aren’t enough to qualify for medical malpractice on their own. But in cases in which a medical provider guaranteed specific results and failed to provide those results, you may be able to sue for breach of contract or warranty. This is a form of medical malpractice when conducted by a medical provider.

An example of this type of medical malpractice surgical error is if you underwent breast augmentation surgery and awoke to find that the doctor had implanted a different size or type than agreed upon. This breach of warranty could lead to additional surgery and risks, and the provider failed to meet the required duty of care.

A failed promise of post-surgery results is enough to bring a breach of contract lawsuit against a medical provider. In one such case, a boy with an injured hand sought treatment from a doctor who promised to provide him with “a hundred percent perfect hand.”

The boy had skin taken from his chest and grafted onto his hand. Years later, this resulted in a hairy hand that didn’t meet the medical provider’s promise of “a hundred percent perfect hand.” The court ultimately ruled in the plaintiff’s favor.

What if I was injured by a surgical error I believe was medical malpractice?

Contact an experienced Florida medical malpractice lawyer right away. According to Florida law, you only have two years to file a medical malpractice lawsuit, though there are some exceptions.

Filing a medical malpractice surgical error lawsuit in Florida isn’t quick or easy. Taking your time, even to deal with the fallout of serious injury, could mean missing the statute of limitation deadline.The state requires the plaintiff to conduct a pre-suit investigation and notify all defendants in writing of their intent to sue. The notification launches a 90-day period during which the lawsuit cannot be filed while the defendants have time to investigate the plaintiff’s claims.

In some cases, the defendants will reach out with a settlement offer during this time. If this happens, work with a Florida medical malpractice lawyer to ensure that you’re getting a fair offer and aren’t being cheated out of potentially necessary compensation. If the case reaches filing, then Florida requires an attempt of mediation before the case can go to court.

A skilled Florida medical malpractice lawyer knows how to navigate the nuanced and sensitive requirements of state medical malpractice law. At Lytal, Reiter, Smith, Ivey & Fronrath, we have years of experience handling such complex cases. Let us help you handle the fallout of your medical malpractice surgical error and fight for the compensation and treatment you deserve.

Contact us at 561-867-4117 or foryourrights.com for a free consultation with a medical malpractice lawyer.