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Orlando Personal Injury Attorneys / Blog / Medical Malpractice / Surgical Errors In Medical Malpractice

Surgical Errors In Medical Malpractice


While the majority of surgical procedures go exactly as planned, it cannot be denied that every surgery carries risk, even a small outpatient procedure. Medical professionals are human, as are we all, and while the rate of error is low, mistakes do happen. However, it is sadly not uncommon for doctors and hospitals to attempt to conceal those errors to avoid a potentially damaging lawsuit. If you have been injured due to the alleged negligence of a medical professional, it can be difficult to receive compensation for what you have been through in Florida, but it is far from impossible. An attorney can help.

Varying Causes & Effects

Data estimates that in recent years, medical errors resulted in approximately 100,000 deaths per year in hospitals and clinics. Many of those are surgical errors, and the disparity in that category is outright shocking. Everything from surgeries on the wrong part of the body, to leaving surgical items like sponges in the cavity, to what are known as “never events” will fall under that umbrella. (‘Never events’ are preventable patient safety incidents that should, at least in theory, never happen.)

Because of the variety of possible surgical errors, there is an equally wide variety of potential injuries and consequences. From infections to broken bones to lost limbs to brain injuries, one mistake during surgery can change a patient’s life. While it is important to remember that not every surgical mistake is actionable in court, quite a lot of them are, and you have the right to try and recover damages for what you have been through and the life changes you may have experienced.

Additional Requirements Before Filing

If you believe that you have been the victim of a negligent medical professional, know that you have the right to seek damages, but in Florida, hurdles have been placed in your path due to the power of the medical lobby. Medical malpractice is defined as a breach of the prevailing standard of care, and the standard of care is established as being what a “reasonably prudent,” similarly situated professional would do in the same circumstances. However, winning a malpractice case involves more than simply meeting those criteria.

The requirement that deters perhaps the most injured plaintiffs from filing malpractice suits is the pre-suit investigation and notice requirements. Essentially, a plaintiff must investigate their own case, in order to verify that they do indeed have a legal cause of action, before they may file in court. They must also provide notice to the defendant of their intent to file, which can often ruin the momentum many plaintiffs feel they need in order to prevail at trial. However, with the right legal help on your side, these requirements can be met, and your case can be heard.

Contact An Orlando Medical Malpractice Attorney

Medical malpractice cases can be very complex, but you do not have to be alone in trying to bring them. An Orlando medical malpractice attorney from the Hornsby Law Group can provide compassionate and dedicated representation during what can be a frightening time for your family. Call our office today at (407) 499-8887 for a free consultation.



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