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If You’ve Suffered a Surgical Error in Florida, There are Critical Things You Need to Know
Life in Miami moves fast. One moment, you’re enjoying the sun and ocean breeze, and the next, you or a loved one is facing a serious, possibly life-changing health issue. Most people place immense trust in our medical professionals when a surgical procedure is necessary. We expect them to act with care and precision. But what happens when that trust is broken and a severe or seemingly minor surgical error causes you serious harm?
The thought of legal action can feel overwhelming, especially when you are recovering from an injury. At Linton Robinson & Higgins, LLP, we understand the pain and suffering this can inflict on you and your family. Our well-versed team of personal injury lawyers has spent over 50 years working with families in and around Miami, guiding them through the legal process after numerous medical mistakes. They know what you’re up against and want you to know you’re not alone. Their only goal is to thoroughly explain the basics of a surgical error claim in Florida so you can make an informed legal decision to help yourself and your family.
What Qualifies as a Surgical Error in Florida?
A surgical error is not simply having a bad outcome to your procedure. Medical procedures, even when done correctly, always come with risks. Instead, a surgical error is a preventable mistake made by a medical professional that falls below the widely accepted standard of care that you should receive.
Most surgical errors will involve things like:
- Operating on the wrong patient or the wrong body part.
- Leaving surgical tools or sponges inside the patient’s body.
- Injuring a nerve, organ, etc., not part of the intended procedure.
- Giving the miscalculated dose of anesthesia.
- Failing to monitor a patient after surgery properly can lead to unnecessary complications.
These types of mistakes can lead to serious injuries, lifelong complications, or death. They are often a result of carelessness, lack of communication, or a failure to follow standard and reliable safety protocols.
How Does Current Florida Law Affect Your Standard of Care
To file a surgical personal injury error claim in Florida, your skilled and empathetic personal injury lawyer must prove that the medical professional breached the “prevailing professional standard of care.”
This is a key legal concept. It means your lawyer must show that the medical provider’s actions were not what a reasonably careful and skilled provider would have done under the same circumstances.
Florida Statute § 766.102(1) defines this standard. It’s the benchmark by which a jury would evaluate a doctor’s conduct. A bad result alone isn’t enough to prove malpractice. Your lawyer will strive to show that a specific, negligent act or omission by the doctor was the direct cause of your injury.
Simply Put, What’s the Legal Process for a Surgical Error Claim in Florida
The legal path to a surgical malpractice claim in Florida is unique and requires specific steps before a lawsuit can be filed. Florida law, particularly Chapter 766 of the Florida Statutes, requires this “presuit” investigation process to be thoroughly and professionally managed.
A few of the mandatory steps to this process are:
Step 1: The Presuit Investigation: Before we file a formal lawsuit, your tenacious personal injury law team must conduct a thorough investigation. They will work to gather all your relevant medical records and have them reviewed by a medical expert who practices in the same field as the defendant.
This expert must provide a sworn written statement and an affidavit that says there are reasonable grounds to believe that the medical professional was negligent and that their negligence caused your injury.
Step 2: Notice of Intent to Sue: Once your law team has the medical expert’s opinion, they will serve a “Notice of Intent to Initiate Litigation” to all potential defendants. This notice formally informs them that you are considering a lawsuit.
At this point, a 90-day waiting period then begins. During this time, the defendants and their insurance companies can investigate the claim, and all parties can engage in informal discovery. This process can be a chance for a settlement, but it’s also a crucial step to prepare for a lawsuit if a fair resolution isn’t reached.
Step 3: Filing the Lawsuit: If the presuit process doesn’t resolve the issue, your experienced personal injury law team will file a complaint in the appropriate court. In Miami-Dade County.
The complaint your lawyer files will thoroughly explain the legal basis for your claim, detailing how the medical professional’s negligence caused your injuries and what damages you seek. This marks the beginning of the formal litigation process, which includes discovery, motions, and potentially, litigation with a trial.
What Affect Can Florida’s Statute of Limitations Have On My Case?
Time is critical in any legal case, especially in Florida medical malpractice claims. We have to act quickly.
Florida Statutes give your law team a specific timeframe to file a lawsuit. In most cases, we must file a lawsuit within two years from the date you discovered, or should have discovered, the injury caused by the surgical error.
There are some exceptions to this rule. For instance, a “statute of repose” generally sets a four-year absolute deadline from when the malpractice occurred. This means that even if you don’t discover the injury for three years, you only have one more year to file. There are also different rules for cases involving fraud or for minors.
Given these strict deadlines, seeking legal counsel as soon as you suspect a surgical error has occurred is essential. Delaying could mean losing your right to file a claim forever.
I’ve Suffered a Surgical Error; How Should I Proceed?
Surgical errors can be life-altering, leaving you with physical pain, emotional trauma, and unexpected financial burdens. We know how difficult this journey can be. The highly experienced and compassionate personal injury lawyers at Linton Robinson & Higgins, LLP have over 50 years of combined experience helping people like you. They are tenacious in fighting for their clients and will work relentlessly to hold negligent parties accountable.
They are also approachable, a very desirable trait in these cases. They believe in clear, transparent communication and being a faithful client partner. Most clients have their direct cell phone numbers because they want you to feel heard and supported every step of the way.
If you or a loved one has been harmed by a surgical error in Miami or anywhere in Florida, they stand ready to listen to your story and explain your options.
You don’t have time to hesitate. Call them today in Miami at (786)-882-7316 or New York at (332)-241-9036 for a free, no-obligation consultation to help you understand your rights.
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Sources:
- Florida Statutes Chapter 766, Medical Malpractice and Related Matters. The Florida Legislature.
- Florida Statutes § 95.11, Limitations of Actions; Adverse Possession. The Florida Legislature.
- The Eleventh Judicial Circuit of Florida, Civil Division. Miami-Dade Courts.
