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Surgical Errors

Surgical Errors

Surgical Errors

Surgical errors occur when a mistake during surgery causes harm to a patient. These errors can include operating on the wrong body part, leaving surgical instruments inside the patient, or performing an unnecessary procedure. Florida Statute of Limitations § 95.11(5)(c) governs the timeframe for filing medical malpractice claims, including those arising from surgical errors. Generally, a plaintiff must file a lawsuit within 2 years of the date of the incident. Conversely, within 2 years of the date the injury was discovered or should have been discovered through reasonable diligence.

Who Should Consider Filing a Claim and Why Legal Representation Is Essential

  • Benefits of Filing: Individuals who have suffered harm as a result of a surgical error may benefit from filing a claim. This includes patients or their family, relatives who have experienced adverse outcomes such as infections, organ damage, or even wrongful death due to surgical negligence.
  • Consequences Without Representation: Handling a surgical error claim alone can be complex and overwhelming. Surgical error cases often require extensive medical knowledge, as well as access to expert witnesses to prove the error and its impact. Without legal representation, claimants might struggle to meet procedural requirements, build a strong case, or counter the defense tactics of hospitals and insurers. This can result in an inadequate settlement or an unsuccessful claim. Leaving the victim without the compensation needed for recovery.

Carter Injury Law: Committed to Securing the Justice You Deserve

  • We will conduct a comprehensive investigation to determine the cause of the surgical error and identify all liable parties.
  • Our team will gather essential evidence, including medical records, expert witness testimony, and other relevant documentation, to support your claim.
  • We will aggressively negotiate with insurance companies to secure a fair settlement on your behalf. If necessary, we will be prepared to litigate your case in court. And the best part of our service is you don't have to pay unless we successfully recover your compensation.