While some medical procedures are referred to as minor, the reality is that any surgery could have serious health consequences if something goes wrong. While your doctor has an obligation to provide you with the level of care expected of a medical professional, unfortunate mistakes can happen.
If you were hurt due to wrong site surgery malpractice in Miami, you could be entitled to monetary damages. There is no excuse for this kind of mistake, and a dedicated surgical error attorney could help you hold the negligent surgeon accountable.
In Miami, wrong site surgery malpractice can happen in a variety of ways, and it is not always the surgeon who is at fault. There are multiple medical professionals involved with these procedures, and one careless mistake could lead to serious consequences. An attorney could review the records involving any of the following issues before determining if a lawsuit is a viable option.
While it might sound obvious, the failure to mark the site where the procedure is to take place is one of the most common causes of medical malpractice. Marking the area of the body with a marker is a helpful way to ensure the surgeon is clear on the right location, but only if the initial mark is placed correctly. It is not uncommon for a mark to be placed on the right arm instead of the left by mistake, for example.
Problems can also arise when a hospital or medical facility is unable to keep clear records regarding upcoming procedures. If the hospital’s system is prone to causing errors, it can lead a surgeon to operate on the wrong body part through no fault of their own.
While less common, some surgical errors occur due to impairment caused by drugs or alcohol. While this is a dangerous decision made by the surgeon alone, other parties, including their employer, might also be liable if they knew about any substance abuse issues and allowed that person to continue operating on patients.
Wrong-site surgery claims—and all medical malpractice cases—are covered by the legal deadline known as the statute of limitations. If a victim waits too long to pursue legal action, they could lose their opportunity to secure a monetary award.
In general, the statute of limitations for negligence claims is two years. That means a person has two years from the day their injury happens to file suit or lose out on the chance to do so. However, there are some exceptions to be aware of.
Any case involving minors could have a different statutory period. It is best to discuss these time limits with an attorney.
Second, the injuries that stem from wrong-site surgery malpractice in Miami are not always immediately discoverable. In fact, it could take years before a patient realizes anything is wrong. In that scenario, the time limit is extended to four years from the time the issue is discovered. More time might be available if there was fraud or any effort to conceal the mistake.
If you are the victim of wrong site surgery malpractice in Miami, you could benefit from a discussion with skilled legal counsel. The right attorney may be able to help you secure compensation for your avoidable injuries. Reach out right away to discuss a potential negligence claim.
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