Florida Surgical Errors Injury Lawyers

File a claim for surgical errors in Palm Beach County Car crashes, motorcycle accidents, slip and falls, and many other accidents are responsible for causing serious injuries and ending lives. But in some cases, these mishaps can cause lifelong suffering to many people who become the victims of surgical errors.

Surgical errors occur more than 4,000 times annually in the United States. In fact, research has shown that in 2017 alone, almost $4 billion dollars was paid out by practitioners for medical malpractice in the United States. Surgical errors can affect your health, ability to earn, cause physical disabilities, and reduce the quality of your life.

If you or someone you love have been the victim of a surgical error, contact the legal team at Frankl and Kominsky Injury Lawyers. We are available for a free consultation and case review. We are dedicated to pursuing the compensation you deserve for your injuries and damages.

Common Types of Surgical Errors

Surgical errors vary from surgery to surgery. They can range from slight missteps to drastic errors that can endanger a patient’s life. The following are some common examples of surgical errors:

  • Operating on the wrong part of the patient’s body
  • Operating on the wrong patient – research has shown that it is likely that at least 20 times a week, surgeons perform the wrong procedure on the wrong body
  • Using improper techniques, taking shortcuts or using the wrong surgical instruments
  • Misusing anesthesia – this includes overdosing, using anesthesia the patient is allergic to, not using enough, so the patient wakes up mid-surgery, etc.
  • Incorrectly administering drugs – this includes administering the wrong medicine, giving too much or too little, and so on.
  • Not monitoring a patient properly pre and post-surgery – this includes not looking at a patient’s medical history before the surgery and not taking the necessary precautions when a patient is on the road to recovery.
  • Leaving surgical instruments, sponges, or other items inside a patient – studies have shown that medical practitioners leave surgical instruments, sponges, and more inside patients nearly 40 times a week!
  • Not providing post-surgery care – this includes releasing patients before they are out of danger, not checking to see if they are healing properly, and so on.
  • Damaging other healthy organs or limbs during surgery
  • Releasing a patient from the hospital prematurely while they still require professional medical attention
  • Not examining a patient’s past medical history or discounting it during the new diagnosis
  • Not letting a patient know beforehand about potential risks involved in the procedure.

Surgical errors can have drastic side effects. They can cause infections, damage a patient’s internal organs or limbs, and may even lead to a loss of life. If any of these errors occur, all those involved in the patient’s treatment may be held liable for the patient’s damages. If you were injured by a surgical error, you may be able to hold the physician, surgeon, hospital and medical staff liable by pursuing a medical malpractice claim. The legal team at Frankl and Kominsky Injury Lawyers are available to provide guidance as to your legal options.

Leading Causes of Surgical Errors in Florida

Surgeries of any kind, even small ones can lead to errors, and since all procedures are different, the problems that arise may also be due to different reasons:

  • Lack of Planning

    Surgeons need to prepare a plan of action before beginning any sort of medical procedure. This includes carefully going through the patient’s medical records, including their past history and planning the surgery, including steps that need to be taken in cases of emergency. This step includes alerting nurses and other supporting staff to have all the necessary equipment on hand for the procedure. Failure to do so may lead to emergency circumstances that the surgeon and their support staff are unable to handle, which can cause the patient to end up physically impaired for life.

  • Lack of Competence

    It seems odd that an incompetent surgeon would be willing to go ahead with the surgical procedure, but you’ll be surprised at how often this becomes a major cause of surgical errors. Surgeons may be unable to perform the procedure correctly, which may lead to future complications in the patient’s conditions or immediate mishaps.

  • Misdiagnosis

    A patient may be misdiagnosed with an illness or an injury that they do not have. In turn, the surgery they undergo will be for the wrong procedure and can endanger their life in serious situations.

  • Taking Shortcuts

    Some surgeons may try to shorten the length of the surgery by leaving some important steps. Even something as basic as not stitching up a person properly after the procedure can lead to infections, damage to internal organs, loss of blood, and other problems. A single shortcut can suddenly become extremely expensive or may even lead to a loss of life.

  • Lack of Communication

    From administering a patient with a higher amount of drugs to making incisions in the wrong places, miscommunication can occur between a surgeon and their team. This can include preparing the wrong equipment for a certain procedure, altering medication dosage, and so on.

  • Working under the Influence

    There are entire studies dedicated to examining the usage of drugs and alcohol by doctors and surgeons. Many healthcare professionals turn to substance abuse to deal with the stress of their job. While it is difficult to perceive a surgeon entering an operation theatre under the influence, they may do so, which can endanger the life of the patient.

  • Exhaustion

    Surgeons have tiring jobs with long shifts, but it is important for them to get an ample amount of rest in between shifts. Failure to do so is likely to lead to fatigue, which can cause surgeons to make errors and be negligent during the operation.

  • Surgical Oversights

    In some cases, medical practitioners are not 100% thorough in maintaining proper hygiene and following the right steps in the surgery. Basics such as using properly sterilized equipment, sterilizing a patient’s wound, and so on must be taken care of. Failure to do so will lead to unnecessary surgical complications, which in serious cases, can have fatal consequences.

Among the most common cases of surgical errors are those that involve medical practitioners leaving a surgical instrument inside the victim, neurological errors, urological errors, and orthopedic errors. Unfortunately, these are also the errors that can cause lasting damage to victims in the form of brain damage, paralysis, loss of limbs, broken bones, reduced cognitive function, affected general motor skills, and so on.

The Three-Strike Rule in Florida

Florida has a three-strike rule where medical practitioners will have their medical license revoked by the medical board after 3 verdicts against the medical practitioner for medical malpractice.

Can You Pursue a Claim for Surgical Errors in the State of Florida?

If you or your loved ones have been injured due to a surgical error case, you can pursue a claim for damages including but not limited to the following:

  • Additional Medical Bills

    Surgical errors usually lead to further medical procedures to reverse or fix the damage caused. You may require additional procedures that can affect your long term health. This includes additional tests such as MRIs, medication, doctor evaluations, surgical treatments, and physical therapy. Keep copies of all additional medical records and expenses.

  • Lost Wages

    Surgical errors take time for recovery and can often lead to damage that is irreversible. Patients may have a loss of wages during the time of extra treatment and recovery, and even after that, they may experience a loss or reduction in wages due to physical or mental impairments. Your past and present earning potential will be helpful to determine your compensation.

  • Reduced Quality of Life

    Surgical errors may take longer to fix or may leave patients in a condition that keeps them from enjoying life with their loved ones. In addition, they may also lead to mental and emotional disabilities, such as post-traumatic stress disorder, nervous breakdowns, depression, and more. In some cases, patients may seek professional help for these ailments.

  • Loss of Consortium

    Patients with physical, internal and mental illnesses may find that their relationship with their spouse is also suffering both physically and emotionally. Loss of companionship is a claim that can be filed by the victim's spouse.

  • Additional Expenses

    Victims of surgeries gone wrong may need certain changes in the structure of their homes such as the construction of a ramp, modifications in the bathroom, at-home nursing, at-home hospital bedding and more, all of which can be filed for against the practitioners at fault.

  • Wrongful Death

    In some cases, surgical errors may be fatal and cause a patient to lose their life. Family members of the victim can file a wrongful death lawsuit for the loss of their loved ones.

    Note that in such a case, the Statute of Limitations will be based on that for wrongful death, not for surgical errors and medical malpractice.

Evidence of Suffering in a Surgical Error Case

If you’re pursuing a medical malpractice claim, you must be able to establish a duty of care, breach, causation and damages:

  • Breach on the part of the surgeon who did not comply with medical standards during diagnosis and treatment.
  • The injuries that you have sustained, including physical, internal and mental damage.
  • The financial and emotional impact on your life due to the surgical error such as medical expenses, loss of employment, pain and suffering and so on.

If you or someone you love have been the victim of a surgical error or medical malpractice, you should contact an experienced attorney for legal guidance. The legal team at Frankl and Kominsky Injury Lawyers are available to help you in your surgical error claim. We are ready to help you gather the necessary documentation to establish your claim and pursue your rightful compensation.

At Frankl & Kominsky Injury Lawyers, our Palm Beach County injury lawyers have over 40 years of legal experience and have recovered millions of dollars in settlements and verdicts for our clients. We speak English, Spanish, and Creole and are ready to help you every step of the way in your surgical error case.

Start Your Free Consultation with Frankl & Kominsky Injury Lawyers

Frankl & Kominsky Injury Lawyers provide a free initial consultation, with no strings attached. If you are unable to stop by, we’re available seven days a week to visit you in your home or hospital. Reach out to us by calling at:

  • (561) – 800 – 8000, Boynton Beach
  • (954) – 800 – 8000, Pompano Beach
  • (772) – 800 – 8000, Port St. Lucie

You can also reach out to us on our website. Pursue your rightful compensation for the injustice caused to you or your loved ones by being subjected to surgical errors and medical malpractice.

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