Talk to Us About Your Daytona Beach Surgical Errors Claim
Even the Best Healthcare Professionals Can Make Mistakes
Thousands of people are injured each year because of preventable surgical mistakes. In many instances, the complications that arise during surgery are the mistakes of the surgeon or the staff. Medical professionals and healthcare facilities can be liable for injuries in a medical malpractice lawsuit if the surgical errors cause injury or death to the patient. If you are the victim of a surgical error by a physician who did not follow the appropriate medical protocol, you may be entitled to damages in a medical malpractice lawsuit. The experienced personal injury attorney William Ogle at The Ogle Law Firm can discuss your case with you and help you determine the best course of action.
Common Surgical Errors in Medical Malpractice Claims:
Common surgical errors that occur and cause harm to patients include:
- Surgery on the wrong body part.
- Surgery on the wrong patient.
- Leaving foreign objects inside the patients such as instruments and sponges.
- Performing the wrong procedure.
Proving Medical Malpractice in Surgical Error Claims
For surgical errors to be considered malpractice, the surgeon performing the procedure must fail to follow the appropriate standard of care, and the failure must be the actual and proximate cause of the harm. The standard of care is the quality of care that a reasonably prudent health care professional in the same field, who has the same training and experience, would offer under similar circumstances.
Why do surgical errors happen? Poor communication can sometimes be at fault. For example, the surgeon may not communicate the correct dosage of medication to a nurse, or the wrong location of the body may be recorded. The surgeon may not be properly prepared for the surgery or he/she may be fatigued. The surgeon may be incompetent or inexperienced or take shortcuts during the procedure. The equipment used should be sterilized, and the surgeon should review the patient’s records and discuss potential risks with them.
What Compensation Can I Recover in a Surgical Error Lawsuit?
The compensation will depend on the extent of the error and the injury that the plaintiff or the family is entitled to. In general, victims of medical malpractice may be entitled to:
- Lost wages
- Current and future medical bills
- Loss of future wages
- Pain and suffering
- Living expenses
- Transport expenses
- Loss of consortium
Florida has a cap on the intangible damages incurred from the medical malpractice and the limit depends on the extent of the injury. The range can be anywhere from $500,000 to $1,500,000.
Making Negligent Parties Accountable for their Mistakes
In an ideal world, there would be no necessity for courts or trials because those who needlessly injure others would admit their mistakes and come forward to correct the scales of justice by compensating those who have been harmed. Until then, when wrongdoers refuse to accept responsibility for their actions, Ogle Law has the experience to hold them accountable in court.
Get Legal Representation for Your Injuries from Board-Certified Trial Specialist William Ogle
If you were injured in a surgical error caused by another’s negligence, that party should be held accountable for their actions. Daytona Beach personal injury attorney William Ogle and Parama Liberman are experienced, effective, and successful plaintiff’s rights lawyers. Our firm has had thousands of successful settlements over the past 30 years. Contact us for a free case review at our Daytona Beach office at (386) 253-2500 or our Alachua office.