Surgeons owe a duty of care to their patients. When they make a medical error or surgical error, they can be liable for medical negligence.
Our Miami surgeon malpractice lawyers at Lavent Law Personal Injury Lawyer work with a medical malpractice victim to uncover the truth about what happened to them. We work with clients throughout South Florida.
If you need a medical malpractice attorney in Miami, FL, contact our law firm. Schedule a free consultation with our Miami personal injury lawyer to discuss your medical malpractice case.
How Our Miami Personal Injury Lawyers Can Help if You’ve Been Injured Because of Surgeon Malpractice
Our Miami personal injury attorney has significant experience handling surgeon malpractice cases. We provide all our clients with compassionate, personalized legal services. Indeed, the American Institute of Personal Injury Attorneys recognized our firm as among the 10 Best Attorneys for Client Satisfaction.
Our goal is to recover the maximum amount of compensation available for your injury claim. We work diligently and pursue every legal claim aggressively.
When you hire our legal team, you can expect us to:
- Investigate the medical malpractice claim thoroughly and identify the parties liable for your claim
- Gather evidence and document your injuries and damages
- Deal with the insurance companies, including filing all insurance claims
- Vigorously negotiate a fair settlement
- File a medical malpractice lawsuit, when necessary, to protect your legal rights
Contact our office in Miami, Florida, to schedule a free consultation to discuss your legal options with experienced Miami medical malpractice lawyers.
How Common Are Surgeon Malpractice Claims?
Surgeon malpractice claims are common. Many things can go wrong during surgery. However, surgeons can also make mistakes and errors before and after surgery that harm patients.
Over 4,000 surgical mistakes are reported each year in the United States. It is estimated that 400,000 hospital patients sustain preventable harm each year, including many surgical errors.
Overview of Surgeon Malpractice
A surgeon, nurse, or another medical professional can make a mistake before, during, or after surgery that injures a patient. The patient may experience significant pain and suffering, as well as financial losses and other damages. The first step in recovering damages is to determine the cause of the surgeon’s malpractice.
What Are Common Causes of Surgeon Malpractice?
Common causes of surgeon malpractice include:
- Failing to review a patient’s medical history
- Leaving instruments inside the patient
- Failing to obtain informed consent
- Inadequate post-operative care
- Failing to monitor the patient for complications or infections
- Prescribing the incorrect medication or the incorrect dose of medication
- Poor communication between the surgeon and other health care providers
- Performing surgery under the influence of alcohol or drugs
- Fatigue from working long shifts
Tragically, a surgical error can result in permanent impairments and wrongful death. The State of Florida allows patients to hold surgeons liable for injuries and damages caused by medical malpractice.
Common Types of Injuries Caused by Surgeon Malpractice
Surgeon malpractice may occur because a patient is rushed into surgery from the emergency room. As with other medical fields, surgeons still have a standard of care in emergencies. Accordingly, they can be held liable for injuries that occur during emergency surgery.
Some surgeon errors occur during childbirth, for example, during the mother’s C-section.
Other injuries caused by surgeon malpractice include:
- Traumatic brain injuries
- Paralysis and spinal cord injuries
- Amputations and loss of limbs
- Soft tissue damage and nerve damage
- Damage to internal organs
- Wrongful death
Permanent impairments and disabilities can result from surgeon malpractice. A patient could require lifelong personal care and medical care because of a surgeon’s negligence or recklessness.
Who is Liable for a Surgeon Malpractice Claim?
If you can prove that a surgeon’s errors directly led to your injuries and damages, you can hold a surgeon financially liable for your damages. You must prove that the surgeon breached their duty to you by failing to provide the proper standard of care in a specific situation.
The standard of care may vary given the facts of the case.
A medical expert reviews and analyzes the case to determine the standard of care. The standard of care is based on what a surgeon with similar experience would have done in the same or similar situation. The medical expert also assists in explaining how the surgeon’s actions deviated from the standard of care.
Damages may include lost income, medical bills, permanent impairment, and other non-economic and economic damages. The facts of your case determine the value of your claim.
Schedule a Free Consultation With Our Medical Malpractice Law Firm in Miami, FL
If you are unsure whether you have a malpractice claim, contact our office for a free consultation. Our Miami medical malpractice lawyers review your case and provide an assessment free of charge.
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