Surgery is among the most demanding, exacting specialties in all of medicine. Attention to detail is required to achieve the goals of completing the procedure and ensure the patient’s safety. While the majority of surgeries go off without a hitch, health care providers are capable of mistakes. When negligence leads to patient harm, it is a relief to know that Florida medical malpractice laws apply to surgical errors just as they do with other misconduct.
Therefore, you may qualify to recover compensation if you were injured because of mistakes by a surgeon. Freidin Brown, P.A. will help you navigate the legal process, so please contact us to set up a no-cost consultation right away. A St. Petersburg surgical error lawyer will provide personalized advice, and some basic information is useful.
Types of Mistakes with Surgery
Florida law establishes a cause of action for medical negligence, which is a breach of the applicable standard of care that applies to the patient-doctor relationship. A surgeon would be measured against a hypothetical physician in a similar surgical practice. If your provider’s acts departed from those of a reasonably prudent surgeon, you may qualify for compensation. Examples of surgical errors include:
- Operating on the wrong body part or side of the body
- Slicing into adjacent organs or tissues
- Leaving a surgical instrument inside the patient
- Neglect with closing the surgical wound, potentially leading to infection
- Failure to properly sanitize all staff, linens, equipment, tools, and other devices
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Legal Facts About Surgical Error Cases
One important point to note is that there is a time limit with medical malpractice cases, and Florida’s statute of limitations is 2 years. You may have up to 4 years if the mistake was not discovered until after the procedure. Additional details are also helpful to know:
- In a successful claim, you may qualify to recover amounts for medical costs, lost wages, pain and suffering, and emotional distress
- There are strict statutory requirements you must meet before initiating litigation, and one is getting a written opinion from a medical expert
- Medical experts also play an important role throughout settlement discussions and in court
Timeline of a Surgical Malpractice Claim
Every case is different, but there are certain steps you can expect through the legal process. Our St. Petersburg surgical error attorneys at Freidin Brown, P.A. will assist from start to finish by:
- Conducting an investigation and gathering evidence
- Preparing all forms to file a malpractice claim
- Discussing settlement options with the at-fault surgeon’s insurance company
- Handling all prefiling requirements
- Representing you during litigation and through to the trial date
A St. Petersburg Surgical Error Lawyer Will Help Navigate the Process
There are multiple challenges at every stage along the timeline of a med mal case, so allow Freidin Brown, P.A. to handle the crucial tasks. We are experienced with settlement negotiations, but we have the trial advocacy skills to fight for you in court. Please contact us to schedule a free case evaluation. A St. Petersburg surgical error lawyer can advise you on details after reviewing your situation.
