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Surgical Errors Accident Lawyer

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surgical errors lawyer Miami

Surgical Errors Accident Lawyer

Doctors are careful to explain the innate risks involved anytime a surgery is performed, and patients trust that their surgical staff will diminish those risks by exercising extreme precautions. In spite of this, surgical errors are still committed by doctors, nurses, hospital staff, anesthesiologists, dental staff, and even surgeons on a regular basis.

If you suspect that you or a loved one have sustained injuries because of a surgical error, you need an experienced North Miami Beach medical malpractice attorney on your side to protect your rights and hold the negligent parties responsible.

Examples of Surgical Errors

Mistakes can be made in even the most routine of procedures. Operating room errors can have dire consequences leading to additional surgeries, lengthened hospital stays, corrective procedures, infection, and even death. Some possible operating room errors include:

  • Improper administration of anesthesia
  • Failure to properly sterilize equipment
  • Failure to properly monitor patient’s vitals
  • Omission of a surgical plan
  • Incorrect procedure performed
  • Procedure performed on incorrect body part or organ
  • Inadvertent damage caused to adjacent organs
  • Inattention to lab reports or patient history

Surgical Errors and “Never Events”

Every year nearly 4,000 “never events” occur in operating rooms across the country. These events are a mistake that should have never happened and is 100% preventable. Examples of “never events” include:

  • Performing wrong surgery on patient
  • Operating on wrong patient
  • Amputating the wrong limb
  • Removing the wrong organ
  • Leaving foreign objects inside patient
  • And more

It is estimated that 39x a week, a surgeon leaves a foreign object inside of a patient during operation. Items like sponges, gauze pads, towels, or even medical instruments have all been accidentally left inside of a patient. These surgical errors should’ve never happened.

Compensation in a Surgical Error Lawsuit

The type of mistake and degree of the subsequent injury greatly impact what kind of compensation a victim will be able to recover, but a victim could potentially recover for:

  • Present and future medical expenses
  • Loss of present and future earnings
  • Temporary or permanent physical impairments
  • Physical therapy and rehabilitation
  • Transportation and living costs

It is also noteworthy that the state of Florida caps the dollar value that may be recovered for non-economic damages, such as loss of consortium and pain and suffering. That cap spans $500,000 to $1,500,000, depending on the scope of the injury and damage.

How a Miami Medical Malpractice Attorney Can Help

There are three fundamental components to effectively demonstrating medical malpractice. First, the healthcare professional’s standard of work must breach the duty, or level of care, which he or she is obligated to provide to the patient. Second, the patient must have experienced an injury by virtue of that breach. The third component deals with the damages the injury has inflicted on the patient, for instance, adverse physical, mental, emotional, and financial effects.

Contact Miami Medical Malpractice Attorneys

If you or someone you love has been injured by a surgical error in Miami, Fort Lauderdale, Palm Beach, or anywhere in the State of Florida, you need an experienced Miami medical malpractice lawyer on your side. Contact the Law Offices of Victor Dante to learn more about all of your legal options. Call us at 305-949-2526 today to discuss your case.


The laws and statues that govern Florida, protect the rights of people who are injured or wrongfully die due to the negligence of another and allow for just compensation.


The court system at all levels guarantees that everyone gets due process and an opportunity to be heard, in an impartial and fair setting.


There are rules that dictate how civil procedure is to be conducted and evidence is to introduced. Lawyers and the courts are governed and strictly abide by these rules, If they do not there is an appellate review process in place.

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