What Constitutes a Surgical Error in Florida?

Going to the doctor for a surgical procedure can be nerve-wracking. You may be worried about the pain and limitations you’ll experience during recovery or the medical expenses that you will incur. However, the last thing you may anticipate is becoming a victim of medical malpractice due to a surgical error by your medical provider. Unfortunately, medical mistakes are all too common, so understanding your legal options during these times is critical. The following blog explores what constitutes a surgical error and some of the most common examples. In addition, you’ll learn the importance of working with an Indian River County surgical error lawyer to help prove that you’re a victim of malpractice.

Under Florida Law, What Is Considered a Surgical Error?

A surgical error is considered any deviation from the standard of medical care during surgery that constitutes negligence. These are preventable mistakes that a skilled surgeon acting reasonably would not make.

It’s imperative to understand that not all mistakes or bad outcomes constitute medical malpractice. Complications may arise during a procedure that require a doctor to make the best decision based on you and your medical history, and that may deviate from the desired outcome, without constituting malpractice. Likewise, some surgical mistakes may not cause a bad outcome.

What Are the Most Common Surgical Errors?

Familiarizing yourself with the different types of surgical errors can help you recognize if you are a victim of medical malpractice. As such, the following are some of the most common surgical errors that occur:

• Operating on the wrong body part: While this may seem implausible, surgeons can and do operate on the wrong part of the body. For example, amputating the wrong foot or removing the wrong kidney would constitute malpractice
• Performing the wrong surgery: A surgeon who performs the wrong surgery not only leaves the original medical problem untreated, but has now created additional complications. This can happen due to a communication problem or a negligent choice in which procedure to undertake.
• Foreign objects: While leaving medical instruments inside the operation site may seem unlikely and most providers have strict procedures to prevent retention of a foreign body, it is all too common for patients to experience chronic pain following a surgery, only to find a foreign body left in the site of the operation.
• Damage to surrounding organs: If a doctor is negligent in their performance of the surgery itself and perforates or damages surrounding organs, it can result in entirely new complications and additional surgeries to repair the damage.

How Do I Prove Malpractice?

Proving malpractice can be incredibly difficult. It’s important to understand that, as the plaintiff in a case, you are responsible for meeting the burden of proof that medical malpractice did occur. Florida imposes strict legal and procedural requirements on medical malpractice claims. As such, the most important thing you can do is enlist the assistance of an experienced attorney to help guide you through these difficult times.

Navigating the aftermath of a surgical error can be incredibly complicated. That is why it’s in your best interest to connect with an experienced medical malpractice attorney with Ullian Trial Law. Our firm understands how overwhelming it can be to learn that you’re a victim of malpractice, which is why we will do everything in our power to help you recover the compensation you deserve. Contact us today to learn more.