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Surgical errors are preventable mistakes that can result in severe injuries, prolonged recovery, or even death. These errors often occur due to negligence or poor communication among healthcare professionals.

Goldberg & Rosen: Expert Legal Representation for Surgical Malpractice Claims

At Goldberg & Rosen, our experienced Surgical Error Lawyers in Miami are committed to holding negligent healthcare providers accountable. We help victims of surgical errors seek justice and obtain compensation for their injuries. Book your complimentary consultation today.

What Is a Surgical Error?

A surgical error is a mistake made during a surgical procedure that should have been avoided. These errors often result from negligence, poor preparation, miscommunication among the surgical team, or inadequate care. While some risks are inherent in any surgery, errors that arise from preventable mistakes can lead to significant harm to the patient.

This includes surgeries such as:

Emergency surgeries
Elective procedures (such as cosmetic surgery)
Routine operations like appendectomies or gallbladder removals

Surgical errors can happen at any point during a procedure—before, during, or after the surgery. Here are some of the most common surgical mistakes:

Wrong-Site Surgery: This occurs when a surgeon operates on the wrong part of the body.
Wrong Procedure: Performing a procedure different from the one intended or necessary.
Foreign Objects Left Inside the Body: Surgeons or surgical staff may accidentally leave tools or sponges inside a patient, leading to infection or other complications.
Anesthesia Errors: Mistakes in the administration of anesthesia can lead to complications such as anesthesia awareness or overdose.
Nerve Damage: A surgeon may accidentally damage nerves, leading to permanent loss of sensation or function.
Post-Surgical Infections: Failing to follow proper sterilization and care protocols can result in dangerous infections after surgery.

Who Is Liable for Surgical Errors?

Determining who is responsible for a surgical error can be complex, as multiple parties may be involved in the procedure. At Goldberg & Rosen, our Surgical Errors Lawyers in Miami will thoroughly investigate each case to identify all responsible parties.

Potentially liable parties include the following:

Surgeon: The surgeon is responsible for performing the procedure according to the standard of care. Mistakes such as operating on the wrong site or causing nerve damage may lead to liability.
Anesthesiologist: The anesthesiologist is responsible for administering anesthesia and monitoring the patient’s vital signs during surgery. Errors such as administering too much or too little anesthesia can lead to serious complications.
Nurses and Surgical Staff: Surgical staff may be liable for mistakes such as leaving foreign objects inside the patient or failing to follow proper protocols.
Hospitals or Surgical Centers: In some cases, the hospital or facility may be liable for inadequate staffing, insufficient training, or defective equipment.

Proving Negligence in a Surgical Error Lawsuit

To succeed in a surgical error lawsuit, you must prove that the healthcare professional involved was negligent. Negligence means that the provider’s actions fell below the accepted standard of care and directly caused harm to the patient.

You’ll need to prove the following elements:

Duty of Care: The medical professional owed a duty to provide competent care to the patient.
Breach of Duty: The professional failed to meet the standard of care required.
Causation: The breach of duty directly caused the patient’s injury or harm.
Damages: The patient suffered measurable harm, such as medical expenses, lost wages, or pain and suffering, due to the error.

Statute of Limitations for Surgical Error Lawsuits in Florida

In Florida, the statute of limitations for filing a medical malpractice claim, including surgical error lawsuits, is generally two years from the date the injury was discovered or should have been discovered. It is crucial to act quickly, as missing the deadline can result in losing your right to file a claim.

There are some exceptions to this rule, such as when the error is not immediately apparent. Our team at Goldberg & Rosen can help ensure that your claim is filed within the necessary legal timeframe.

Potential Compensation in a Surgical Error Claim

Medical Expenses: Reimbursement for additional surgeries, treatments, medications, and long-term care needed to correct the surgical error.
Lost Wages: Compensation for income lost during recovery and any future reduction in earning capacity if the injury affects your ability to work.
Pain and Suffering: Damages for physical pain, emotional trauma, and diminished quality of life caused by the surgical error.
Wrongful Death Damages: In the event of death due to a surgical error, the patient’s family may recover compensation for funeral expenses, loss of companionship, and more.

Why Choose Goldberg & Rosen for Your Surgical Error Lawsuit?

At Goldberg & Rosen, we have years of experience handling complex medical malpractice cases, including those involving surgical errors. Our team of skilled attorneys and medical experts will thoroughly investigate your case, determine liability, and pursue the maximum compensation available to you.

We stand out for the following reasons:

Extensive Experience: Our attorneys have a long track record of success in surgical error cases and are well-versed in medical malpractice law.
Client-Focused Representation: We take the time to understand your unique situation and provide personalized legal strategies tailored to your needs.
No Fees Unless We Win: We operate on a contingency fee basis, meaning you won’t pay any legal fees unless we secure compensation for your case.

If you or a loved one has been harmed due to a surgical error, don’t hesitate to seek justice. Contact Goldberg & Rosen today for a free consultation. Our experienced medical malpractice attorneys will review your case and help you pursue the compensation you deserve.

Schedule A Consultation

If you or a loved one have been the victim of negligence or misconduct, please do not hesitate to contact among the best attorneys Miami has available at Goldberg & Rosen today to receive expert guidance about your legal options, as well as a free and confidential case evaluation.