Surgical negligence occurs when a member of a surgeon’s team delivers substandard care, and the patient suffers identifiable harm as a result. Although it is frightening to consider, surgical negligence happens more often than you might think.
If you suffered negative consequences because of a preventable error during an operation, an Orlando surgical negligence lawyer from our firm could pursue compensation from medical personnel on your behalf. When lawyers and other professionals need a skilled medical malpractice attorney, they call us at Colling Gilbert Wright. Most of our cases come from other lawyers who refer their clients to us. We have an unmatched record of success in surgical malpractice cases.
What Is Surgical Negligence?
Surgical negligence happens when a nurse, anesthesiologist, or surgeon does not do their job in accordance with the appropriate standard of care. This means they fail to use the same degree of knowledge and skill as other similarly credentialed healthcare providers practicing in the area.
Surgery has risks, and a poor outcome alone does not indicate that surgical negligence occurred. The poor outcome must be due at least in part to a preventable error, such as:
- Performing unnecessary or contraindicated surgery
- Making an error with anesthesia
- Implanting an incorrect device, such as an artificial joint that is too large
- Using the wrong energy frequency settings on a surgical laser
- Communicating poorly with other members of the surgical team
- Failing to properly sterilize all instruments
- Failing to recognize a surgical complication promptly or respond appropriately to it
- Failing to obtain informed consent or provide appropriate aftercare instructions
If you believe that a medical team’s negligence during an operation harmed you or a loved one, our attorneys at The Florida Firm Injury and Accident Lawyers in Orlando could assess whether you have grounds to sue the healthcare professionals and the facility for medical malpractice. You may be able to seek compensation for your medical expenses, lost wages, incidental expenses, and pain and suffering.
The Law Requires a Pre-Suit Investigation
A medical malpractice lawsuit differs in several ways from a typical personal injury lawsuit. When suing licensed healthcare providers, there are additional procedural requirements.
Florida Statutes § 766.203 requires our Orlando legal counsel to submit your medical records to a surgical negligence expert for review. You cannot file a medical malpractice lawsuit unless the expert can identify specific failures to meet the standards of care. If the expert certifies that there was surgical negligence, we could notify the surgeon, facility, and any other members of the team about our intention to file a claim.
Surgical Never Events
The National Quality Forum describes some quality of care issues as never events that should never occur and cannot happen in the absence of medical negligence. Performing surgery on the wrong patient, operating on the wrong body part, and leaving a foreign body in the surgical site are never events.
If you experienced a surgical never event, proving that malpractice occurred is simpler. There is less likelihood of conflicting expert opinions in these cases. Never events always involve negligence, so the defendant healthcare providers may be more likely to settle your case than to defend their actions.
Damages in Surgical Negligence Cases
Caps on damages are an important difference between personal injury cases and medical malpractice cases in Florida. The law limits the amount of pain and suffering damages you can collect in medical malpractice cases.
Pain and suffering damages cover:
- Physical pain
- Mental anguish
- Disability
- Lost enjoyment of life
- Other factors that diminish your quality of life
The law limits these damages to $750,000 per claimant, regardless of the number of defendants.
The limit doubles to $1.5 million if you can prove that your injury is catastrophic as the law defines it. Otherwise (particularly if your case involves a never event), our Orlando lawyers may be able to prove the surgeon’s negligent behavior was so extreme that punitive damages are appropriate. Our firm has an extensive history of obtaining high-value verdicts and settlements for victims of all types of medical malpractice.
Contact Our Orlando Attorneys if a Negligent Surgeon Harmed You
A surgical error can impact the rest of your life. If you suffered harm because your surgical team did not provide an adequate standard of medical care, an Orlando surgical negligence lawyer from our firm could fight to obtain the compensation the law entitles you to.
Our attorneys at Colling Gilbert Wright work on a contingency basis, so you pay nothing beforehand and owe us fees only if we obtain a favorable result. Call us today to speak with a member of our medical malpractice intake team.