Surgical Errors Miami Medical Malpractice Lawyer: Sean M. Cleary
How can we help you after negligence happened due to a surgical error?
We carefully investigate your case and work with the best medical professionals and experts in the field to make sure that there is a valid reason to bring a claim.
Sean M. Cleary
Top Rated medical procedures Attorney in Miami
Every year over 4K patients who undergo surgery are injured from a surgical error. It’s estimated that around the country, wrong-site incidents occur up to 40 times per week. Wrong-site incidents are surgery errors considered among the most serious in Florida. Since 2012, medical facilities in Florida have reported 315 wrong-site incidents to the Agency for Healthcare Administration. However, doctors only received discipline in approximately 1 out of 3 incidents. In the U.S., over the course of 20 years, there were over 9.7K paid malpractice claims which cost over $1.3 billion. 59% of victims suffered temporary injury, 33% had permanent injuries, and 6.6% of cases lead to wrongful death.
Surgical errors: Injuries and compensation
The consequences of surgical mistakes are often severe. Our medical malpractice attorney has helped patients and their families after malpractice and injuries such as:
As a malpractice victim due to a surgical error, you have the right to pursue compensation for your injuries. Compensation can include medical expenses accrued as a result of the mistake, as well as a loss of earning capacity and the pain and suffering you endured.
A lot can go wrong during the most common surgical procedures, which is why responsible hospitals and surgical teams take extensive precautions. However, even with precautions surgical errors still happen here in Florida more than anywhere else.
Lack of proper preoperative planning
Before any surgery is undertaking, it is considered a surgical error if the doctor does not fully consider his patient, why the surgery is needed, and if the surgery should be done in the first place. Examples include the doctor’s failure to fully investigate or understand the patient’s medical history, the patient’s ability to undergo the operation, and whether it is in the best interests of the patient to have the surgery. Proper planning can help stop future problems after surgery.
Surgical errors during the operation
CT scan of object left after surgery
The majority of surgical errors occur in the operating room, during the surgical procedure. Examples of surgical errors include making incorrect incisions, damaging nearby organs or causing nerve damage. Other surgical errors may occur during prolonged surgeries due to unanticipated complications which can lead to anesthesia complications, brain damage, cardiovascular problems, and death.
The most obvious surgical errors occur when a doctor performs the wrong procedure, operates on the wrong patient, on the wrong part of the body or leaves a sponge or other type of medical instrument inside a patient, causing postoperative damage, pain and further unnecessary surgeries.
Surgical errors also include those injuries that occur postoperatively, because many times it is an error during the surgery that causes postoperative complications. This includes infections, delayed healing, or the need for other, unanticipated further surgeries.
A mistake or oversight by a medical professional that leads to an operating room error can happen at many points during your course of treatment. Any one of the doctors who originally admitted you, the nurse who conveyed instructions to the team and those who performed the surgery may have failed in their professional duties. Some of the individuals and institutions subject to legal action are:
Health care facilities
The operating surgeon is typically liable for errors. The staff that was operating under the surgeon may be liable if the error was made separate from the operating surgeon’s instruction. When a doctor's surgery error occurs in a hospital, usually, you can't file a claim against the hospital. As a general rule, hospital staff doctors are independent contractors, not hospital employees. However, a doctor in the emergency room is considered a hospital employee. The hospital can be held responsible for injuries that resulted from ER surgeries. Other doctors or staff members that might have contributed to the error may also be liable. Our experienced medical malpractice attorney may help you determine all parties responsible for surgical errors.
Expert testimony may be necessary in some cases to confirm what a similarly trained surgeon would have reasonably done in the situation. An expert may also be able to help validate the link between the surgical error and the resulting injury. Our medical malpractice attorney will be able to help you find a qualified expert to provide assistance and testimony.
At The Law Offices of Sean M. Cleary, we are always ready to face the complexity and requirements involved in medical malpractice cases. Our highly committed legal team obtained significant settlements for various cases throughout the years. We always strive to keep a communication-oriented approach with every client and together with our hands-on experts we are always ready to help and advice on legal and technical aspects. If you or a loved one has been the victim of surgical error or other medical malpractice, contact us immediately. We will evaluate your claim free of charge and represent you on a contingent fee basis, which means you don’t pay attorney's fees unless you recover on your claim.
A medical or surgical error malpractice case is an act of negligence done to a patient by a member of the medical staff involved in the surgical procedure. You have a case when the doctor or anyone from the staff makes a mistake that leads to injury, movement loss, financial loss, or other loss of any kind.
What Are The First Steps Taken In a Surgical Malpractice Case? »
The essential steps in a medical malpractice case are demonstrating the medical standard of care, what a relatively experienced surgeon would have done under comparable situations, then showing how the surgeon in the instant case didn't match that standard in performing the medical procedure.
Is Delaying Medication Administration or Diagnosis a Malpractice Case? »
Medical malpractice includes conditions caused by delayed administration of medication and delayed diagnosis. Acting at the right time is critical in many cases, and failure to do so can cause injury and even death. If you were negligently treated, you have the right to sue.
What Are The Obstacles In Having a Successful Surgical Malpractice Case? »
A successful medical malpractice claim usually depends on the strength of the evidence showing serious consequences deriving from a medical error. If you do not collect all records, including medical bills, witness information, etc., and if you do not select your attorney carefully, you may fail to recover significant damages.
Surgical errors are preventable errors made during surgery, such as negligence in manipulating surgical tools, performing surgery on the wrong part of the body, injuring a nerve, anesthesia-related mistakes, leaving surgical accessories inside the body or even operating on the wrong patient.