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Medical Malpractice Attorneys

Fort Lauderdale Surgical Errors Lawyers

Surgery is scary enough with the complications that can arise as a nature of those surgeries. However, things can get even scarier when you have to worry about surgical errors as well. If you were a victim of surgical errors, finding a surgical error lawyer can be the best tool you have to get the compensation that you deserve. By reading on, you can learn everything that you need to know about surgical errors so that you can receive the help that you need throughout this process.

Types of Surgical Errors

Surgical errors, which are also known as “never events”, happens a lot more than you think. These events are referred by this term because they aren’t supposed to happen and are generally avoidable. There are some specific criteria that is used to determine what is considered “never events”, including:

  • An error caused by a mistake that is clearly identifiable.
  • The surgical mistake caused serious disability, damage, or death.
  • The error that occurred is completely avoidable.

It’s important to know that not every case where something bad happens during surgery qualifies for medical malpractice. For instance, if you aren’t aware that you have an allergy to the anesthesia that they used and a problem came up, then there was no way to avoid this medical issue. However, if a doctor was negligent in any aspect of performing the surgery and didn’t follow proper procedures, then you could potentially have a claim against the hospital.

Here are some of the most common issues that can be considered a surgical error.

Objects that Were Left In Your Body

There is the potential that the surgical team left an object in your body after your surgery. This is often referred to as “retained surgical bodies”. Some items that can be left behind after surgery include:

  • Surgical sponges
  • Electrodes
  • Retractors
  • Drains
  • Clamps

When something is left behind after surgery, this can be a potentially life-threatening situation. In many cases, patients have to go through another surgery to have the items removed which means they can be put at risk for complications that can arise during any surgery. Sometimes you will notice issues right away from this problem though sometimes people have these items in their bodies for months or even years before they notice a problem.

Falls While Undergoing Surgery

The idea of falling while you are going through surgery may seem ridiculous, but this can and does happen. Operating tables are tilted when needed, and if you aren’t properly secured to the table you can fall off. If you’re lucky, you just end up with some injuries due to the fall and have to stay in the hospital to recover from those injuries. In the worst-case scenario, this can lead to a very serious injury or death.

Surgical Errors caused by Medication Errors

If you are administered medication directly prior to, during, and after the surgery and there was an error, this can cause a variety of issues. There are a few reasons why this can happen including giving an incorrect dosage, improper oversight when giving patients medication to help them or bottles that have incorrect labeling.

Operating on the Wrong Patient/Part of Body

This may sound like stories out of television or the movies, but there are instances where the surgeon performs the wrong surgery on the wrong patient or on the wrong side/area of the patient. Over the years, hospitals have learned to do what they can to minimize these errors including marking the correct area for the surgery to verify everything is correct before going into the operating room. Unfortunately, these things aren’t foolproof and these types of accidents can still occur. This can be very devastating, especially in cases where the wrong part is amputated or removed. For instance, if you have cancer in one breast but they remove the other breast.

Faulty Medical Devices

Bad things can happen when your surgical team uses faulty devices during surgery. For instance, there are actually devices that can help prevent blood clots that are used during surgeries. If this device is faulty, this can mean that you are at risk for blood clots. Medical devices should be checked to make sure that they are purchased from a reputable medical device sales company and they should be routinely maintained and checked to ensure that they are working properly.


There is always a risk for infection when it comes to surgery, but these risks can be avoided in some cases. For instance, if an item was left in your body after surgery this could lead to a life-threatening infection. These infections can be from the medical staff not properly tending to the wounds after surgery or an internal infection. These infections can prolong your hospital stay as well as additional surgical procedures and medications. This can also significantly increase the costs of your hospital stay.

Not Receiving Necessary Surgery

Sometimes conditions get missed and this can be potentially life-threatening. If the surgeon does a consult and doesn’t feel as though someone needs surgery but it turns out they did and they died, this could be a case for negligence.

These instances are just a few of the cases that can be cause for a case of surgical error by your medical team. If you are uncertain if your case qualifies for a claim, a medical malpractice lawyer can help.

The mistakes are grave and can lead to such consequences as:

  • Brain damage
  • Severe disability
  • Loss of limb/loss of use of a limb
  • Infections, particularly lingering ones that don’t go away.
  • Death

Causes of Surgical Errors

Mistakes happen, but there are mistakes that are entirely preventable. These are some of the most common causes of surgical errors:

  • Negligence

The fact is that sometimes the surgical team isn’t quite as careful as is necessary. Maybe they failed to properly sterilize the equipment. Maybe they use medical devices that they know aren’t as effective or are defective.

  • Working While Under the Influence

Unfortunately, there are cases where a person on the surgical team is under the influence of drugs and/or alcohol when they are performing surgery.

  • Medical Incompetence

You want to think that the doctor performing a procedure on you has performed this numerous times, but sometimes they don’t have much experience. Or, they just aren’t as skilled as they need to be for that specific procedure.

  • Fatigue

The life of a surgeon is notoriously hard. They often work very long shifts, which can lead to fatigue. When a surgeon is fatigued, they are more likely to make costly mistakes.

  • Poor Communication

Communication is so important during surgery. If the team fails to properly communicate, critical errors can occur. These failure to communicate include not having the right equipment on hand, giving the patient the wrong dosage of medication, or marking the wrong area for surgery.

  • Not Going through the Proper Procedures

Shortcuts may seem to make things easier, but when it comes to surgery this can lead to some serious issues. Surgeries have specific procedures in place to avoid any serious issues.

  • Improper or Insufficient Pre-Op Planning

Surgeons need to be properly prepared for the specific surgery they are performing. Every patient has their own unique situations, which is why preoperative planning is so important to achieve the best possible outcomes. The surgeon should do research on their patient and prepare for any potential complications that can arise. The preparation should involve the entire team to minimize mistakes and to ensure the right equipment is available.


Fort Lauderdale Surgical Error Lawyer Near Me

(954) 951-0000

How to Prove Medical Malpractice

You do sign an “informed consent” prior to your surgeries. There are risks to any surgery, but there are some complications that can occur that are preventable and go above and beyond any complications that may be expected. The informed consent means that you know the risks of the surgery, but this doesn’t cover their liability for any surgical errors.

The biggest issue in cases like this is proving that the surgeon or their team was liable for your injuries. Lawyers are essential here as they know what to look for in these cases to know if you have a medical malpractice claim. A lawyer must compile the right evidence to prove your claim, such as looking at your medical records or getting an expert testimony about how the injuries or death could have happened. Even if the lawyer compiles enough evidence to show during the discovery phase, there are still numerous hurdles to go through before you can get the compensation that you deserve.

Fortunately, when you hire a lawyer they can walk you through this process and let you know whether or not you have a viable claim against the surgical team or hospital.

Compensation You’re Entitled to For Surgical Errors

You are entitled to compensation, depending on the severity of the error and the injuries. Compensation for surgical errors include:

  • Lost wages and loss of future wages
  • Any current and future medical bills
  • Pain and suffering
  • Living expenses
  • Disability
  • Therapy
  • Expenses for transportation
  • Loss of consortium

Your lawyer can help you understand exactly what you are entitled to and get you a fair amount for compensation.

What to Do If You’re a Victim of Surgical Errors

If you were a victim of medical malpractice, a malpractice claim attorney should be one of your first calls after receiving treatment. If you or someone that you love has undergone surgery and was injured or killed as a result of surgical errors, you have a claim against the hospital or team that performed the surgery. Getting compensation for any medical malpractice can be extremely hard and is a complicated process, which is why you need a team of experienced professionals on your side fighting for you.

Surgeons are people and people can make avoidable mistakes. Early on in your situation, you should call a lawyer as they can get started on the case sooner. This means that the evidence will be compiled sooner as well as witness testimony while the events are fresh in everyone’s minds. This can help make your case even stronger. If you don’t have a case, the lawyer will let you know before you invest too much in your case.

If you do have a case for medical malpractice, your lawyer will work as hard as they can to get you the compensation you deserve for your damages. They will walk you through what to expect during the process, helping you understand everything along the way. The goal is to settle out of court, but our team of lawyers is ready to go to court for our clients to get them exactly what they deserve.

Medical malpractice caused by surgical errors can be devastating for families, particularly if these mistakes lead to the death of a loved one. You do have rights in these cases, which is why it’s important that you hire a lawyer as soon as possible to fight for you. Our lawyers are highly experienced when it comes to these types of claims, which can help improve your outcomes for these types of cases. If you’re a victim of surgical errors, you need a team that is going to fight for what you deserve.

Contact a Medical Malpractice Lawyer Today

Contacting a medical malpractice lawyer as soon as possible in this process is the best way to ensure that you get the compensation that you deserve. They have the knowledge, experience, and resources that are necessary to have the best shot at getting the money that you deserve for the horrific incident you have been through. If you want a team that has your best interests at heart and will fight for what you deserve, contact our team today to see how we can help you. Our goal is to work with you to ensure that you get the compensation you deserve. The hospital and doctors have a legal team fighting for them; you are entitled to the same help.

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