Whether you have an emergency surgery, a planned operation, or a cosmetic procedure, you are placing a lot of trust in your surgeon and medical team. When that trust has been broken due to negligent actions, you may be eligible for compensation for any of your resulting injuries. If you suffered an injury because of a surgical error, you may need to contact a Palm Beach Gardens surgical error lawyer for help answering your questions, addressing your concerns, and recovering compensation for your injuries and losses. Read on to learn more about how a dedicated injury attorney could make a difference in your case today.

Surgery Error Cases

While surgery and medicine are not always exact sciences, it is important to recognize that surgical errors can be a sign of medical malpractice. Specifically, Fla. Stat. § 766.102(1) defines medical malpractice as that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.

This means that if a surgeon commits an error during a surgery that another surgeon would not have under the same circumstances, they may be liable for any resulting injuries and damages. Medical malpractice cases tend to be extremely complex, often requiring specialized knowledge and third-party professionals to prove that a doctor was negligent. Surgical error cases can take several forms, depending on the specific error committed.

Types of Errors

In a study published in the Annals of Surgery, technical errors such as making an improper incision or accidentally cutting too deep caused up to 65% of all surgical errors.

Judgement errors involve making an improper judgment during a surgery, potentially because of a lack of knowledge about the surgical procedure and the potential risks.

Many surgical errors are the result of surgeons performing surgeries beyond their level of training, or surgical residents learning how to properly perform a surgery.

Exploring Liability

Surgical errors are not always the fault of the surgeon. In some cases, more than one healthcare provider may have contributed to or directly caused a surgical error. Under Fla. Stat Section 768.81(3), in a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liabilities. In a surgical error case, it is important to investigate whether another party was responsible or contributed to a surgical error, including:

  • Anesthesiologists
  • Nurses
  • Surgical assistants
  • Doctors

It is also important to thoroughly review a patient’s medical history and all treatment notes to determine who may bear some liability. Know that a professional injury attorney could be a valuable asset in leading this investigation.

Recovering Compensation

To collect compensation for a surgical error, a plaintiff must first establish who is liable as well as their percentage of liability. Once the individual establishes liability, Florida allows someone to collect both economic and non-economic damages. Economic damages have exact monetary values, such as one’s medical bills, lost wages, and costs of disability accommodations. On the other hand, non-economic damages are more subjective and include one’s pain and suffering experienced as a result of the procedure.

Benefits of Retaining a Palm Beach Gardens Surgical Error Lawyer

If you suffered an injury because of a surgical error, consider contacting an experienced Palm Beach Gardens surgical error lawyer who could meet with you to discuss your case, investigate who is liable, and help determine the extent of your injuries and their impact on your life. Do not hesitate to reach out to a determined Palm Beach Gardens surgical error lawyer today to schedule your initial consultation.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

N/a
2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260