Surgical errors can have long-lasting consequences for patients. If you or a loved one has experienced severe harm due to surgical negligence, a medical malpractice claim may help you seek compensation.
However, identifying when surgical errors constitute malpractice can be challenging. The medical malpractice lawyers at Noakes Law Group can assist you in researching your legal opportunities after a botched surgery. Here’s a guide to recognizing signs of a botched surgery and understanding the legal steps you can take to hold negligent parties accountable.
What Is Botched Surgery?
While botched surgeries are often associated with cosmetic procedures, they can occur in any field of medicine. Here are some common issues that can signal a botched surgery:
- Disfigurement or excessive scarring
- Post-surgical infections
- Uncontrolled bleeding
- Internal organ damage
- Nerve injury
- Hematomas (blood accumulation beneath the skin)
- Deep vein thrombosis (DVT), which can lead to serious complications if a clot reaches the lungs
It’s essential to understand that these serious outcomes do not always result from negligence. Even with the best possible care, complications can arise. However, some of these issues may warrant a closer look, mainly if they appear preventable or are due to clear errors.
What constitutes Medical Negligence?
Certain conditions must be met to classify a surgery as botched due to negligence. Here are examples where surgical errors can indicate negligence:
- Surgery on an incorrect body part or organ
- Unnecessary surgery without informed consent
- Infection from unsanitary equipment or facilities
- Accidental damage to nearby organs or nerves
- Incomplete surgeries (e.g., leaving part of a tumor behind)
In some cases, inadequate communication about surgical risks can also be a basis for medical negligence. If you would not have consented to surgery had you known all risks, you may have a claim if the adverse outcomes align with these risks.
Botched Surgery Malpractice Laws
- Florida’s medical malpractice laws are designed to protect patient safety and enforce accountability in the medical field. Medical experts should pursue a “standard of care” that ensures they operate with the expertise, caution, and preparation expected in their field. This standard includes providing patients with a thorough understanding of the risks, outcomes, and follow-up care involved in surgery.
- If a healthcare professional fails to meet this standard—either through lack of proper patient communication, surgical technique errors, or insufficient postoperative care—they may be considered negligent. To successfully pursue a malpractice claim, the plaintiff must demonstrate a straightforward connection between the negligence and the injury sustained. This process usually involves gathering medical records, securing expert testimony, and proving the injury was preventable with proper care.
- In Florida, specific legal requirements apply to surgical malpractice cases, including pre-suit processes outlined under Florida Statute 766. These involve submitting a formal complaint, meeting discovery deadlines, participating in pretrial hearings, and preparing for trial if necessary. Due to these procedural demands, engaging a lawyer experienced in medical malpractice lawsuits is necessary to navigate these steps successfully.
Legalized Resources For Victims of Botched Surgery Malpractice
If you or a loved one has suffered due to a botched surgery, legal recourse may help you recover compensation for damages. Victims of surgical errors can seek financial relief for a range of losses, including:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Loss of quality of life
To pursue a successful claim, it’s crucial to consult with a skilled medical malpractice counselor who can evaluate the power of your case and guide you through the necessary legal steps.
Conclusion
A botched surgery can have life-changing consequences. Experienced lawyers can support you in seeking the justice and recompense you deserve. This allows you to recover from a difficult experience and hold those responsible for the error accountable.
