Tampa Surgical Malpractice Attorney

Fighting for your rights after an injury or fatality caused by a surgical mistake

Facing the consequences of a surgical error can be a profoundly distressing experience, affecting not only your physical well-being but also your emotional and financial stability.

At Palmer Lopez, we recognize the intense pain and suffering that comes from a surgical mistake. That’s why our knowledgeable Tampa medical malpractice attorneys are here to provide you with the compassionate and unwavering legal representation you deserve. Our goal is to hold those responsible accountable for their negligence and ensure that you receive the compensation necessary to rebuild your life.

Learn more about how we can help with your surgical error claim by scheduling a free consultation.

What is considered a surgical error?

A surgical error is a preventable mistake that occurs during a surgical procedure, often due to the negligence or carelessness of a healthcare provider, such as a surgeon, anesthesiologist or nurse involved in the surgery. These errors can encompass a wide range of actions or omissions that deviate from the standard of care expected in the medical field.

Surgical errors can occur during various stages of the surgical process, from preoperative planning to postoperative care, and can have serious consequences for the patient, including wrongful death.

What is the most common surgical mistake?

The most common surgical mistake, as highlighted by a 2021 study conducted by the Joint Commission on sentinel events, is the unintended retention of a foreign object (URFO) during surgery. URFO refers to the unintentional leaving of foreign objects within a patient’s body after a surgical procedure. These foreign objects can include surgical instruments, catheters, sponges, blades, packing and implants.

According to the study, there were a total of 97 reported cases of URFO, making it the number one surgical error that year. This type of surgical mistake can have serious consequences for patients, potentially leading to infections, pain, organ damage and other health complications.

Another common surgical error identified in the study was wrong-site surgery, which ranked closely behind URFOs with 85 reported cases. Wrong-site surgery occurs when a surgical procedure is performed on the incorrect body part or side of the body. This type of error can lead to significant harm and may require additional surgeries to correct the mistake.

Other common surgical errors include:

Wrong-patient surgery. Sometimes, the wrong surgery is performed on the wrong patient. This often happens due to communication breakdowns, insufficient verification processes, or errors in patient identification. These errors can result in physical harm, emotional distress, and the need for additional corrective surgeries.
Inadequate preoperative planning. Surgeons may fail to adequately review a patient’s medical history, allergies or other relevant information before surgery, leading to complications during the procedure.
Lack of informed consent. Surgeons may fail to obtain proper informed consent from the patient, providing insufficient information about the risks, benefits and alternatives to the procedure.
Equipment failures. Surgical equipment or instruments may malfunction or fail during a procedure, potentially causing harm to the patient.
Inadequate communication. Poor communication among surgical team members can result in errors such as incorrect patient positioning, misinterpretation of surgical plans or inadequate coordination during surgery.

Lack of sterilization. Improper sterilization of surgical instruments or equipment can lead to infections or other postoperative complications.
Inadequate follow-up care. Surgeons may not provide appropriate postoperative instructions or follow-up care, leading to complications or delayed recovery.
Anesthesia errors. These include errors related to anesthesia administration, including incorrect dosages, inadequate monitoring or failure to address allergic reactions.
Surgical site infections. Infections can develop if the surgical site is not properly cleaned and cared for during and after the procedure.
Delayed diagnosis or treatment. Failing to diagnose or treat surgical complications promptly can result in worsened health outcomes for the patient.
Technical errors. Mistakes made by surgeons, such as accidentally nicking blood vessels in the brain or other organs, can cause serious internal bleeding, brain hemorrhage, and other life-threatening conditions.

These surgical errors can have serious consequences for patients, including additional medical treatments, extended recovery times, long-term health issues and death. Patients who experience surgical errors should consult with an experienced surgery malpractice lawyer to explore their options for seeking compensation for damages through medical malpractice claims.

Which types of surgeries have the highest risk of mistakes?

In a review of wrong-site surgery claims from 2013 to 2020, researchers found that the majority of these types of surgical errors were associated with orthopedic surgeries (35.3%), neurosurgeries (22.1%), and urology surgeries (8.8%).

Among the procedures that most frequently involved wrong-site surgery were:

Spinal surgery (22.1%)
Arthroscopy, a procedure that uses a small camera to visualize and treat problems within a joint (14.7%)
Surgical procedures on muscles and/or tendons (11.8%)

Can you sue for surgery complications in Florida?

Yes, in Florida and elsewhere across the U.S., surgeons, along with other entities involved in surgery, including nurses, anesthesiologists and hospitals, can indeed be held liable for mistakes made during surgery. Liability in medical malpractice cases, including surgical errors, is typically based on the legal concept of negligence.

Negligence in the context of surgery refers to a failure to meet the standard of care that a reasonably prudent healthcare provider would have followed under similar circumstances. To establish that a surgeon or other healthcare provider was negligent, the following elements must typically be proven:

Duty of care. The healthcare provider owed a duty of care to the patient. In the case of surgery, this duty is established when a surgeon or medical facility agrees to provide care to a patient.
Breach of duty. The healthcare provider breached their duty of care by failing to provide the standard of care expected in the medical community. This could involve errors during surgery, such as wrong-site surgery, URFO, or another surgical mistake.
Causation. The breach of duty directly resulted in harm or injury to the patient. The patient must demonstrate that the surgical error directly led to their injuries.
Damages. The patient suffered actual damages as a result of the negligence. These damages can include medical expenses, pain and suffering, lost wages and more.

It’s important to note that not all adverse outcomes in surgery necessarily result from negligence. Sometimes, surgery involves inherent risks, and complications may occur despite proper care. However, when a surgical error is due to negligence, the responsible parties can be held liable for the harm caused to the patient.

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What’s the difference between a surgical error and medical malpractice?

It might be difficult for those who are the victims of a surgical error to understand, but not all surgical errors rise to the level of medical malpractice. For patients who sustained an injury during surgery, this means that they won’t always be able to collect damages. Medical errors can happen from time to time because surgery is complicated, and each surgery carries inherent risks, no matter how straightforward the surgery may seem.

So, when is a medical error considered medical malpractice?

The key to understanding what constitutes medical malpractice versus a mere surgical error is the role that negligence plays. Negligence is a legal term that underlies almost all personal injury and liability claims. This is as true in Florida as it is elsewhere.

Negligence is understood to be one of two situations. It’s an act that a reasonable person should do or not do in a given situation. When this act or failure to act results in physical harm to another person or their property, the negligent individual is liable under the law for the damages caused to another person.

While the law does not limit the types of situations that may give rise to a malpractice suit, the type of negligent act or breach of the standard of care will determine if a viable case exists.

Ultimately, determining whether or not a surgical error might qualify for medical malpractice requires a careful review of the specific circumstances of your case by an experienced medical malpractice attorney.

What compensation am I entitled to after a surgical error?

In cases of medical malpractice, compensation typically covers medical expenses related to correcting the error (like additional surgeries), rehabilitation costs, lost income due to extended recovery time, and pain and suffering damages.

However, the compensation you can expect after a surgical mistake can vary significantly based on factors such as the severity of the error and its impact on your life.

For instance, plastic surgery malpractice settlements for cases involving minor pain or scarring from a botched procedure typically result in less compensation than those involving catastrophic injuries like brain damage due to inadequate monitoring of oxygen levels during surgery.

In the unfortunate event of a patient’s death resulting from a surgical mistake, compensation may extend to providing benefits to surviving family members to address their financial and emotional losses. It’s essential to consult with an attorney specializing in medical malpractice to assess the specific circumstances of your case and determine the potential compensation you may be entitled to.

How can I find the best surgery malpractice lawyers near me?

If you or a loved one suffered a serious injury or wrongful death after a surgical mistake in Tampa, the experienced surgical malpractice attorneys at Palmer Lopez can help you fight for the compensation you deserve.

We’re happy to offer free consultations to answer your questions and estimate the value of your claim, and we never charge a fee unless we win your case.

If you choose us to represent you, we’ll go to work immediately to build a strong case on your behalf, working tirelessly to hold the responsible parties accountable for their negligence and secure the justice and financial assistance you need to move forward.

Learn more about how we can help with your surgical error claim by scheduling a consultation today.