Jacksonville Malpractice Attorneys
Serving Jacksonville, Jacksonville Beach, and clients throughout Florida
Even routine surgery can result in life-threatening errors. Whether you are having plastic surgery or a life-saving procedure, there are always risks. But, just because there are risks does not excuse preventable surgical errors.
What is Medical Malpractice?
An error does not automatically constitute medical malpractice; instead, it is when the surgeon performs something out of the standard of care or something that another surgeon in the same position would not do. Basically, you must prove that the surgeon was negligent and did not provide the medical standard of care required as part of their profession.
During surgical error cases, it is fairly easy to determine if the surgeon was negligent or not. But, it is best to speak to an experienced medical malpractice attorney before assuming that you have a surgical error case.
What is a Surgical Error?
Surgical errors are preventable mistakes that occur during routine or serious surgery. While all surgical procedures come with a level of risk, this does not allow surgeons to make errors.
Why Surgical Errors Happen
There are no two patients or surgeries that are exactly alike. Even routine surgeries will have complexities from one patient to another. But, because errors are often preventable, these causes are the same. Some of the most common reasons for surgical errors include:
- Incompetent Surgeons – Sometimes a surgeon just does not have the training or expertise in a particular surgery; therefore, they commit errors that other professionals with more adequate training would not.
- Insufficient Patient or Preoperative Planning – Before a person has surgery, they are given pre-operative instructions and it is the job of the surgeon to make sure those are done before beginning. That includes having all equipment and materials ready before starting the surgery.
- Inadequate Work Process – Surgeries are methodical and require surgeons to follow strict step-by-step instructions. But, some surgeons feel these steps are unnecessary and may skip them, leading to life-threatening results.
- Improper Communication – Poor communication can lead to surgical errors. Whether that is the surgeon’s error with the nursing staff or even the miscommunication between a surgeon and patient.
- Drowsy Surgery – Surgeons often work long hours with little to no sleep. When a surgeon is fatigued, then he or she may not perform the surgery as they should.
- Drug or Alcohol Abuse – Unfortunately, there are cases where surgeons commit errors due to drugs or alcohol abuse.
- Neglect – Lastly, a surgeon just may not use the standard of care that they should when performing a surgery, whether that is using the wrong equipment, failing to follow instructions, etc.
Common Types of Surgical Error Cases
There are numerous ways a surgical error can occur, but some of the more common errors seen by our attorneys include:
- Operating on the wrong body part
- Leaving surgical equipment in place
- Operating on the wrong patient
- Administering the wrong levels of medication
- Accidentally cutting an artery or being unable to stop bleeding
- Creating an incision in the wrong spot
- Injuring a nerve or rendering a patient paralyzed
Injured Due to Surgical Errors? Contact Malpractice Attorneys Right Away
You have limited time to file a medical malpractice case. So, if you suspect you are the victim of a surgical error, do not wait to contact surgical error lawyers. The lawyers at Hardesty, Tyde & Ashton, P. A. have experience with surgical error cases and we can assess your case to tell you if you have a valid claim.
Our consultations are free and you do not pay a fee unless we get a verdict in your case.
Contact us now to get started.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)