Indian River County Surgical Error Lawyer

One of the most devastating mistakes a physician can make is a surgical error. We trust surgeons–often quite literally–with our lives, and their mistakes can be incredibly costly. If you or someone you love has been made a victim of a surgical error, a dedicated Indian River County medical malpractice lawyer from our firm is here to fight for the justice you deserve. Contact Ullian Trial Law today to schedule a free case evaluation with our legal team.

Common Types of Surgical Errors

Surgical errors come in many forms, and while each case is unique, certain mistakes are seen more frequently. Some of the most common types are as follows:

• Wrong-site surgery: Operating on the wrong body part or even the wrong patient is rare but catastrophic. These incidents often result from miscommunication, lack of proper chart review, or errors in the surgical prep process.
• Wrong procedure performed: In some cases, the wrong operation is conducted entirely, leaving the original medical issue unaddressed while creating new complications.
• Retained surgical instruments: Sponges, clamps, or other tools left inside a patient can cause infection, severe pain, or organ damage, sometimes not discovered until months or years later.
• Anesthesia errors: Administering too much or too little anesthesia, failing to monitor the patient’s vital signs, or overlooking allergies can lead to brain damage, cardiac arrest, or death.
• Organ or nerve damage: Unintended cuts or punctures to surrounding organs, blood vessels, or nerves can cause lifelong impairment or require additional surgeries to repair.
• Post-operative infection due to negligence: Infections can develop when proper sterilization and wound care protocols are not followed during or after surgery.
• Failure to control bleeding: Uncontrolled hemorrhaging during or after surgery can lead to shock, organ failure, or death if not promptly addressed.

These types of errors are preventable when proper standards are followed. They are often the result of poor communication, inadequate preparation, or failure to adhere to established safety protocols.

When a Surgical Error Qualifies as Malpractice

Not every bad surgical outcome is malpractice. Surgery inherently carries risks, and sometimes a patient may experience complications despite the surgeon following all appropriate procedures. The key factor in determining malpractice is whether the surgeon or medical staff failed to meet the accepted standard of care. A surgical error may be considered malpractice if:

• The medical team acted negligently by making a mistake that another reasonably competent professional would not have made under the same circumstances.
• There was a clear breach of the duty of care owed to the patient.
• That breach directly caused harm, injury, or death.

For example, if a surgeon nicks a blood vessel during a complex, high-risk operation but immediately recognizes and repairs it without long-term harm, that may not be malpractice. On the other hand, if a sponge is left inside a patient because the surgical team failed to conduct a proper instrument count, that is a clear, preventable error.

Financial Compensation for Surgical Errors

A successful surgical error claim can provide compensation intended to restore the patient as much as possible to the position they would have been in if the negligence had not occurred. While money cannot undo the harm, it can help ease the burdens caused by the error. Compensation in these cases may include the following:

• Medical expenses: This covers hospital bills, follow-up surgeries, physical therapy, prescription medications, and any future medical care related to the injury.
• Lost wages: If the patient cannot work during recovery or has reduced earning capacity due to permanent injury, these losses may be recoverable.
• Pain and suffering: Physical pain, emotional distress, and the loss of enjoyment of life are important non-economic damages that can be pursued.
• Loss of consortium: In some cases, spouses may seek damages for the loss of companionship and support.
• Future care costs: For severe injuries requiring long-term assistance, compensation can address the cost of in-home care, adaptive equipment, or assisted living.

Statute of Limitations

In Florida, medical malpractice claims, including those involving surgical errors, are subject to strict deadlines. Generally, a patient has two years from the date of the incident to file a lawsuit. However, the law also recognizes the discovery rule. This means that if the error was not immediately apparent, such as when a surgical instrument is left inside the body, a patient may have two years from the date they discovered or reasonably should have discovered the injury to file a claim.

There is also an overall deadline known as the statute of repose. In most cases, no malpractice claim can be filed more than four years after the date of the incident, even if it was discovered later. The only exception to this rule is when fraud, concealment, or intentional misrepresentation by the healthcare provider prevented the discovery of the error, which can extend the time limit slightly.

Contact a Vero Beach, Florida Surgical Error Lawyer

Surgical errors are unacceptable, which is why our legal team here at Ullian Trial Law is dedicated to fighting for victims of medical malpractice and negligence throughout South Florida. If you need a knowledgeable medical malpractice lawyer in your corner with extensive experience handling surgical error claims, look no further than Ullian Trial Law. Contact our firm today for a free initial consultation.