Deerfield Beach Surgical Error Lawyer
Having surgery is one of the scariest medical procedures a person can endure, and we are required to put the ultimate trust in our surgeons and other medical professionals to do the job properly. When a surgical error occurs, it can be devastating for the patient, causing serious harm or even death. At the Leifer & Ramirez, our Deerfield Beach surgical error lawyers are here to help those that have suffered at the hands of their surgeon get the compensation they deserve.
Surgical Error
According to Johns Hopkins University, an estimated 4,000 surgical errors happen every year in the United States. Referred to as “never events” because a surgical error should never happen, surgeons and medical professionals nevertheless commit these mistakes with their patients on the table. The most common surgical errors include:
- Anesthesia errors
- Infection
- Leaving surgical tools inside the patient
- Performing the incorrect procedure on a patient
- Performing surgery on the wrong patient
- Operating or amputating an incorrect body part
- Organ perforation or tearing
- Nerve injuries, temporary or permanent
Surgical errors happen for a number of reasons. The most commonly cited reason for a surgical error is surgeon fatigue. These medical professionals often work extended hours in very stressful situations. Fatigue sets in and surgeons start to make mistakes. Another common reason for surgical error is surgeon incompetence. Surgeon negligence is another reason for errors and can take many forms. Finally, a breakdown in communication can lead to surgical errors, either during surgery between medical professionals or with staff during pre- or post-operation care.
Florida Medical Malpractice Law
In order to bring a lawsuit for medical malpractice in Florida, a person must show that a doctor or other medical professional had a duty of care to the patient, the standard of care was not met, and that injuries were caused as a direct result of the negligent care. In the case of surgical errors, a victim must prove that the injuries caused by the surgical error would not have occurred or been a foreseeable result if a different, competent surgeon had performed the exact same procedure on the patient.
Under Florida law, a patient only has two years from the date of the surgery, or from the date that the surgical error should have been discovered, to file a lawsuit for medical malpractice. Florida medical malpractice law allows for a patient to file a claim for damages that includes the following:
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Medical expenses: additional or corrective surgeries, additional hospital stay, rehabilitation and recovery, medication, and other out of pocket costs
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Lost income or loss of earning ability
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Pain and suffering: loss of enjoyment of life, loss of consortium, and emotional distress
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Wrongful death
Let us Help You Today
On the surgical table, we place our utmost trust in our doctors. When they fail to live up to that level of trust they must be held accountable for their actions. If you have been injured by a surgical error in the Deerfield Beach area, contact the Leifer & Ramirez today for a free consultation of your case.