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All healthcare providers have a duty of care to their patients, but medical professionals such as surgeons must exercise special diligence and caution when tending to the needs of their patients. Unfortunately, surgical errors remain a common occurrence in South Florida and happen when a preventable complication arises before, during, or after a surgical procedure and as a direct result of a provider’s care. If you or loved one suffered harm due to a surgical mistake, you may be able to file a claim and seek damages for the pain you suffered. Contact the Fort Lauderdale surgical error attorney, David I. Fuchs today to schedule a free and strategic review of your legal options.
Common Types of Surgical Errors
An error by a surgeon can occur in any number of ways, but some are more common than others. Some of the most frequent errors by healthcare providers leading to medical malpractice claims include:
- Leaving a foreign object in the body. Surgical teams use a number of instruments to isolate the area of the body for surgery, control bleeding, and more. The simple act of leaving an absorbent pad in the body upon completion of a surgery can lead to delayed wound healing, infection, intense physical pain, and more detrimental effects.
- Nerve damage. Patients may sustain long-lasting pain and disability when a surgeon accidentally severs or damages a nerve near the surgical site.
- Anesthesia errors. An anesthesiologist is an important member of a surgical team who must monitor a patient’s vitals and assure the accurate use of medications before and during surgery. Anesthesia errors can lead to complications such as respiratory distress, allergic reactions, experiencing pain during the surgery, and even wrongful death.
- Operating on the wrong body part. Although not as common as some of the other types of surgical errors, a person may awake to the horror that an operation occurred on the wrong area of the body.
- Performing the wrong procedure. Another rare occurrence, a surgeon may perform a surgical procedure on the wrong patient.
Basics of Medical Malpractice in Fort Lauderdale
Surgical errors fall under the heading of medical malpractice when it comes to filing claims. To file a claim with a medical malpractice lawyer for compensation, a plaintiff (person seeking damages) must be able to provide proof of the following elements:
- That the surgeon owed the patient a duty of care. Generally, a surgeon owes a patient a duty of care from the moment he or she establishes an in-office relationship.
- The surgeon violated his or her duty of care by committing negligence. In the scope of medical malpractice, a provider commits negligence when he or she deviates from an established standard of care. This requires testimony from a similarly trained, equally competent physician.
- A surgeon’s negligence proximally caused a plaintiff’s injuries. In some cases, this can be the most difficult element to prove, as patients often arrive sick and in need of a surgeon’s help.
- The victim incurred damages as a result. Common examples of harm as it relates to medical malpractice include physical pain, suffering, additional medical bills, and rehabilitation costs.
Your Surgical Mistake Attorney in South Florida
Surgical errors are more common than people would like to believe. Each day in operating rooms throughout the country, surgeons make mistakes that can lead to serious complications, even persisting over a lifetime. If you or a loved one suffered harm before, during, or after a surgical procedure, you may be able to collect compensation for the full extent of your damages. Contact David I. Fuchs, Injury & Accident Lawyer, P.A. to schedule a free review with a Fort Lauderdale surgical error lawyer of your legal options today. As an added convenience to our clients, we offer our services on a contingency-fee basis.