It is not uncommon for patients to experience adverse outcomes following surgery. Sometimes, it is not too serious and can be easily fixed; at other times, it can have dire and long-lasting effects. A surgical error can have devastating consequences on a patient’s health.
If this happens to you or your loved one, you need to seek legal help from a reputable Miami surgical error lawyer. They will fight for your rights and hold the responsible parties accountable for their actions. At Kaire & Heffernan, we have extensive experience representing victims of improper surgical procedures and have recovered millions of dollars on behalf of clients throughout Florida.
We’re here to help you prove medical malpractice and get you the compensation you deserve. Call us today at (305) 876-6001 or contact us online to discuss your case.
According to the National Library of Medicine, approximately 4,000 surgical errors occur every year in America. These errors range from minor mistakes (such as improper suturing) to more severe issues (such as causing nerve damage, stroke, organ failure, amputation and even death).
There are many types of surgical mistakes that can happen during a procedure, resulting in harm to the patient. Some examples of common surgical errors include:
The only way to determine whether there has been a surgical error is through careful examination. If you suspect something went awry during your or your loved one’s surgery, then make sure that you speak to the doctor about what happened. If the doctor refuses to acknowledge any mistake, then it would be wise to consult with a different doctor and a surgical error attorney in Miami.
Surgeries are generally considered safe when they’re performed by skilled medical professionals; however, there are specialists trained to do certain procedures. Most doctors specialize in one particular area of the body – like the shoulder, heart, spine, or knee. Sometimes, doctors attempt to perform operations outside their specialization areas, and it results in disaster. For example, most plastic surgeons shouldn’t perform brain surgery. Unless a board-certified specialist does a particular procedure, there is always a risk of surgical errors.
In addition, while some surgeries are relatively straightforward, others can become difficult due to a number of factors. One of the biggest causes of surgical errors is performing surgery on the wrong part of the body or on the wrong site altogether. There is also a chance of anesthesia errors occurring or an unsterile surgical instrument being used, both of which can have severe complications. Worse yet, some surgical error cases involve the wrong patient surgery.
Most states require patients to file a claim within two years of discovering a surgical mistake. If the patient does not act within that time period, they lose their right to sue. Once you suspect that medical negligence occurred while you received medical treatment, you should immediately notify your medical provider of the problem and then contact a Miami attorney to begin the process of pursuing compensation for a surgical error.
To make a successful surgical malpractice claim, four key elements must be established by the plaintiff:
At our firm, our Miami lawyers meticulously check every piece of evidence collected to prove surgical malpractice.
Florida law mandates specific procedures for medical malpractice claims:
Our firm takes charge of this process, collecting all necessary medical records and consulting with medical experts who can provide the necessary affidavits to help strengthen your case.
Liability for surgical errors can extend beyond the surgeon to include the hospital or medical facility where the procedure happened. This can involve improper staffing, inadequate training, or faulty equipment.
In Florida, the statute of limitations for medical malpractice claims is two years from the accident date or from when the injury was discovered (or should have been discovered).
However, there are nuances, such as the statute of repose, which can extend the filing deadline under certain circumstances.
Did you know that you have the power to hold physicians accountable for their actions? If you or someone you know has been harmed by a surgical error due to a negligent medical professional, we can help. We will take action to bring forward your medical malpractice case and will work to get you the compensation you deserve.
Call (305) 876-6001 or contact us online to schedule an appointment for a free initial consultation with an experienced Miami surgical error lawyer at Kaire & Heffernan.
(305) 876-6001