When Surgery Goes Wrong Because of a Preventable Mistake
Every surgery carries some risk, and not every complication is malpractice. But some surgical injuries happen because a surgeon, anesthesiologist, nurse, or hospital failed to follow basic safety practices. Those mistakes can leave patients with permanent injuries, more surgeries, and lasting pain.
The Injury Advocates represents patients and families across Broward, Miami-Dade, and Palm Beach counties who were seriously hurt by surgical errors. Surgical errors are one of the medical malpractice cases we handle, and we review every case with qualified medical experts.
Florida Law on Surgical Errors
Florida treats some surgical mistakes differently. Under section 766.102(3)(b), Florida Statutes, finding a foreign object such as a sponge, clamp, forceps, or surgical needle left in a patient’s body is prima facie evidence of negligence. In plain terms, the law treats the retained object itself as evidence that something went wrong.
Most other surgical error cases require a medical expert to explain what a reasonably careful surgical team would have done and how the mistake caused the injury. We also look at what happened before and after the operation, including whether the risks were properly explained and whether warning signs were missed during recovery.
Common Surgical Error Cases
Deadlines and Next Steps
Florida’s deadline for medical malpractice claims is generally two years from when the injury was discovered or should have been discovered, and in most cases no more than four years from the date of the mistake. Before any lawsuit can be filed, Florida requires an expert review and a 90-day presuit investigation period, so it is important to start early.
Learn more about how these cases work on our medical malpractice page, or call us for a free review of your situation.
Related Medical Malpractice Pages
Hospitals and their insurers defend malpractice claims aggressively. We work with qualified medical experts to find out what went wrong, document the full impact on your life, and build a case designed to hold the right parties accountable. If you cannot come to us, we can meet by phone, by video, or at your home or hospital.
Why Patients and Families Choose The Injury Advocates
You may. Florida law treats a retained foreign object, such as a sponge or surgical instrument, as prima facie evidence of negligence. The value of the case depends on the harm it caused, such as additional surgery, infection, or lasting injury.
No. Some complications happen even when the surgical team does everything right. A complication becomes malpractice when it was caused by a failure to meet the accepted standard of care. We review your records with qualified experts to tell you which side of that line your case falls on.
Nothing up front. Your consultation is free, and we handle injury cases on a contingency fee basis, which means our fee is a percentage of the money we recover for you. If we do not win your case, you owe no attorney’s fees and no case costs.
