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Can I Sue for a Surgical Error?

Surgery is a serious medical procedure that can save or end lives. Of course, pain and discomfort are expected after a major surgery, but there’s always a chance of human error as well. If your surgeon made a mistake during your operation and caused significant damage, you could be entitled to significant legal compensation. 

“Almost every surgical error case we see is different,” says Marvin Ross Friedman, a leading attorney at Friedman & Friedman. “Surgery is a precise practice—and even one small slip could cause life-threatening damage. That’s why it’s vital to connect with an experienced medical malpractice lawyer if you think you’re the victim of a surgical error.”

To help give you more context into this form of negligence, here’s an overview of things you’ll need to know if you’re considering taking legal action over a surgical error.

How Does a Surgical Error Happen?

Every surgery is unique, no matter how many times a surgeon has performed a specific procedure. Generally, surgeons and their staff have a set of protocols they follow before, during, and after surgery. But even with these rules put in place, there’s still ample room for human error.

Here are a few of the most common causes behind surgical errors:

  • Inadequate planning
  • Incompetence 
  • Miscommunication
  • Fatigue
  • Under the influence of drugs or alcohol
  • Neglect

Unfortunately, even small mistakes during surgery can have life-long consequences for a patient. There are several common surgical errors that can occur—including wrong site surgery, unnecessary surgery, surgical instruments left in the body, nerve damage, anesthesia errors, and even performing surgery on the wrong patient.

Do I Have a Case for Medical Malpractice?

In Florida, you are allowed to sue a medical professional if they have injured you through a surgical error. However, you must be able to prove the following conditions in order to obtain compensation for your injuries: 

  • The surgeon owed you or a loved one a duty of care. 
  • The surgeon fell below, or breached, their standard of care.
  • You or a loved one suffered injuries recognizable by law.
  • There is a clear connection between the injuries sustained and the surgeon’s breach.

For medical malpractice cases, it’s critical to show that your surgeon fell below their standard of care—which can be defined as what a reasonable surgeon in their specialty would do in the same circumstances. It’s also important to note that a negative outcome from surgery doesn’t necessarily mean medical malpractice took place. 

Unfortunately, there are inherent risks associated with surgery—and if the surgeon, as well as their staff, performed in accordance with all medical standards, then they can’t be held liable. This is why it’s important to speak with a knowledgeable medical malpractice attorney to discuss the details of your potential case. 

Statute of Limitations on Medical Malpractice Cases

In the state of Florida, the time limit (or statute of limitations) for filing a medical malpractice claim is typically two years, with certain exceptions. With this in mind, it is critical for you to contact an experienced attorney as soon as possible if you believe that you suffered from a surgical error. If you fail to file your lawsuit within the time period of the statute of limitations, any claim you may have had or could have had, will be lost and forever barged. 

Let Friedman & Friedman Help

The attorneys at Friedman & Friedman have been achieving justice for victims of medical malpractice across the Miami area for over 40 years. We’ve established a winning track record for surgical error cases—resulting in hundreds of millions of dollars in settlements and verdicts for our clients. As your legal ally, we will be unrelenting in the pursuit of your goals—and the compensation you deserve. 

Contact us today to learn more about how we can support you and your medical malpractice case. We’re here to listen to your problems, understand your goals, and work tirelessly to meet them. 


Mon Jul 29, 9:00am