Surgical Malpractice Attorneys

Despite the groundbreaking developments of modern medicine, patients are still harmed by the errors of negligent health care professionals. We have seen clients hurt by a wide spectrum of surgical errors, including:

• Pre-operation failures: Failing to properly screen a patient for health risks or warn a patient of the risks of a procedure, recommending the incorrect procedure, improperly preparing for surgery (e.g., anesthesia errors), and failing to instruct a patient on how to prepare for surgery.
• Wrong-site or wrong-procedure surgery: Operating on the wrong body part or even the wrong patient due to mislabeling or rushed checks.
• Retained foreign objects: Sponges, needles, or other objects left inside the body after surgery can cause infection, pain, and organ damage.
• Anesthesia errors: Too much or too little anesthesia, failure to monitor oxygen levels, or ignoring allergies can lead to permanent injury or death.
• Infections from poor hygiene: Post-operative infections can stem from unsanitary tools or operating room conditions — entirely preventable with proper protocols.
• Nerve or organ damage: A slip of the hand can damage vital organs or nerves, sometimes irreparably.
• Failure to monitor after surgery: Neglecting vital signs post-op can delay treatment of internal bleeding or clots, increasing the risk of death.

When Does a Surgical Error Become Malpractice?

Surgical complications and poor patient outcomes are sadly a risk of surgery, and mistakes in surgery are not always grounds for a medical malpractice claim. A surgical error may legally be malpractice when four elements are met:

1. Duty of Care – A patient-provider relationship exists, requiring the medical provider to meet standard practices.
2. Breach of Duty – The medical provider failed to meet accepted standards of care.
3. Causation – That failure in care was the direct cause of harm to the patient.
4. Damages – The patient suffered physical, financial, or emotional harm.

An unsuccessful surgery doesn’t automatically mean surgical malpractice — but if something went wrong that shouldn’t have, you may have a case.

Common Causes of Surgical Errors

Surgical errors often stem from preventable issues, many of which point to larger systemic failures. Common causes include:

• Miscommunication among medical staff due to human error or breakdowns in hospital systems
• Inadequate preoperative planning, including failure to review patient history or surgical plans
• Fatigue or inattention from overworked surgeons or support teams
  
• Failure to monitor vital signs before, during, or after the procedure
• Poor sterilization practices, increasing infection risk
• Lack of training or supervision, especially in teaching hospitals

These mistakes are rarely the fault of one individual. More often, they reflect deeper problems within a hospital or surgical team’s procedures and protocols.

If you have been injured by surgical errors, you may have suffered unnecessary medical procedures, additional medical bills, lost wages and benefits, and unexpected physical pain and emotional trauma. You are entitled to be financially compensated for your losses, as well as pain and suffering caused by the negligence of your medical provider.

We have recovered substantial compensation to help victims of medical malpractice. If you have been injured by your surgeon or other healthcare provider, our highly renowned attorneys will fight tirelessly for you too.

Is every poor surgical outcome grounds for a medical malpractice claim?
No. A bad surgical outcome is only sufficient for a medical malpractice claim if the medical provider fails to meet the standard of care and causes harm to the patient.

What damages can I recover for surgical malpractice?
If you have been injured by medical malpractice, you may be entitled to compensation for medical bills, pharmacy expenses, rehab bills, lost wages (including future income), and more. You may also be entitled to compensation for your physical discomfort and emotional trauma (which your lawyers will call pain and suffering).

How long do I have to file a surgical malpractice claim in Florida?
In Florida, a medical malpractice claim must typically be filed within 2 years of the date the injury was discovered or should have been discovered. Deadlines vary by state, and there are exceptions, so it is important to discuss your specific circumstances with an experienced medical malpractice attorney.

Do I need a medical expert for a surgical malpractice claim?
Yes. Most medical malpractice cases involve medical experts; however, your attorney will handle this. At GYC, we have a wide network of respected medical experts who will be available to assist in your case.

Can I sue the hospital for medical malpractice?
Possibly. Hospitals and healthcare systems are often named as defendants in medical malpractice cases, in addition to individual medical professionals. Your attorney will advise you on who should be named in your case after hearing your story and fully investigating the failings in your care.