Seeking Justice After Surgical Malpractice
When we go on to the operating table, our lives are literally in the hands of our surgical team. During the operation, any mistake can result in catastrophic injuries with a lifetime of complications. Even when a surgical team is liable for your injuries after surgical malpractice, it may take a skilled Florida attorney to hold them accountable for what they have done to you.
At Weston Smith Law, PLLC, we are proud to have been representing malpractice victims in the Tampa Bay area since 1992. We know how complex and challenging these cases may be, and we are prepared to protect your best interests against the defense’s legal and insurance teams.
Fair Compensation Despite The Cause Of Malpractice
Many variables can cause a patient to suffer greatly during an operation. In the decades we have been taking these cases, we have provided our clients with skillful and swift guidance through injury claims resulting from acts of malpractice such as:
- Anesthesia errors
- Performing the wrong operation
- Leaving medical tools inside the patient
- Failing to diagnose a condition during an operation
- Unnecessary damage during an operation
Part of what makes our legal team so successful is our meticulous attention to detail and commitment to our clients. We take the time to work closely with each of our clients to ensure we have all of the vital information in their case before developing a personalized strategy to hold liable parties accountable for their actions.
What A Claim Can Be Worth
Every case we take is completely unique, so there is no universal settlement value that applies to every compensation claim. Our goal as your legal representation is to see that your compensation accurately portrays the current and future costs of your injuries, including costs such as lost income, medical expenses, and pain and suffering.
Frequently Asked Questions About Surgical Malpractice In Florida
Surgical malpractice cases raise serious legal questions that deserve clear answers. Below, we address some of the most common questions we hear from patients and families in Florida.
Does signing a surgical consent form mean I gave up my right to sue if a doctor made a mistake in Florida?
No, signing a surgical consent form does not waive your right to sue for surgical malpractice in Florida. A consent form acknowledges the known risks of a procedure, but it does not excuse a surgeon from meeting the standard of care. If a doctor’s negligence caused your injury, you still have the right to pursue a legal claim regardless of what you signed.
How do I prove that a surgical complication – like a punctured organ or severed nerve – was caused by medical negligence rather than a known risk?
You prove surgical negligence by showing your surgeon’s conduct fell below the accepted standard of care. Florida law requires a qualified medical expert to provide testimony establishing that the complication resulted from an error rather than an unavoidable risk. Medical records, operative reports and expert analysis form the foundation of this claim.
What are my legal options in Florida if a surgeon left a foreign object, like a sponge or instrument, inside my body?
You likely have a strong surgical malpractice claim. Florida law treats leaving a foreign object inside a patient as a clear deviation from the standard of care. In these cases, the doctrine of res ipsa loquitur may apply, meaning the facts suggest negligence without needing extensive expert testimony to prove the surgeon’s mistake.
Who can be held legally responsible for a surgical error: the individual surgeon, the anesthesiologist or the hospital itself?
Depending on the circumstances, that responsibility may extend to the operating surgeon, the anesthesiologist, assisting nurses or the hospital itself. Florida law allows you to pursue claims against all responsible parties, including institutions that employed negligent staff or failed to maintain proper safety protocols.
Can I file a medical malpractice lawsuit if my postoperative infection or surgical wound complication was ignored after discharge?
Yes, a surgeon or treating physician carries a continuing duty of care that extends beyond your discharge. If your provider dismissed warning signs of an infection or wound complication and your condition worsened as a result, that failure may support a valid malpractice claim in Florida.
We Can Handle The Hard Part
Resolving a personal injury claim for an operating room injury can be difficult, but the easy part is coming to us for help. If you are ready to leave the difficulties of your injury claim in the hands of exceptional legal representation while you focus on recovering from your injuries, contact us today. Call us at 727-866-4103 or email us here to schedule your free initial consultation.