Surgery carries inherent risks, but patients trust their surgeons, anesthesiologists, and medical teams to follow proper procedures and minimize preventable errors. When surgical mistakes occur due to negligence, the consequences can be catastrophic, leading to permanent disability, organ failure, infection, or even wrongful death.
At Fogg Law Group, we hold surgeons, hospitals, and medical professionals accountable for surgical malpractice. If you or a loved one suffered serious harm due to a preventable surgical error, you may be entitled to financial compensation for medical bills, lost wages, and long-term suffering.
What Are Surgical Errors?
Surgical errors are preventable mistakes that occur before, during, or after surgery due to negligence, lack of training, miscommunication, or failure to follow protocols. These errors can lead to severe complications, additional surgeries, long-term disability, or wrongful death.
To prove a surgical malpractice case, we must show that:
- The medical provider had a duty of care.
- The provider deviated from the accepted standard of care.
- The error caused serious injury or harm.
- The patient suffered damages as a result.
Common Types of Surgical Errors
Wrong Site / Wrong Procedure Surgery
One of the most egregious forms of malpractice, wrong-site surgery occurs when a surgeon operates on the wrong body part or performs the incorrect procedure. These devastating mistakes often result from:
- Poor pre-operative planning and failure to verify patient records.
- Miscommunication among surgical staff.
- Failure to mark the correct surgical site before the operation.
- Patients who undergo the wrong procedure often require additional surgeries to correct the mistake, leading to prolonged pain, extended recovery, and long-term health consequences.
Anesthesia Errors
Anesthesia must be carefully administered to prevent complications. Mistakes can cause:
- Overdose or underdose of anesthesia, leading to cardiac arrest or awareness during surgery.
- Failure to monitor vital signs, resulting in brain damage or organ failure.
- Allergic reactions due to improper patient screening.
- Delayed or incorrect intubation, leading to oxygen deprivation and brain injury.
Foreign Objects Left in the Body
Surgeons and operating room staff are required to account for all surgical tools, sponges, and instruments before closing an incision. If a foreign object is left inside a patient, it can cause:
- Severe infections or abscesses.
- Organ damage.
- Chronic pain and internal injuries.
Correcting this error often requires additional surgery, increasing risks of complications and prolonged recovery.
Post-Operative Infections
Post-surgical infections occur when sterile procedures are not followed. Hospitals and surgical centers have strict guidelines for:
- Wound care and proper sterilization of surgical tools.
- Antibiotic administration to prevent infection.
- Monitoring for early signs of infection after surgery.
If a medical team fails to follow these protocols, serious infections such as sepsis, staph infections, and MRSA can occur, leading to organ failure or death.
Amputation Errors
Amputations are permanent, life-altering procedures. Surgical teams must follow rigorous pre-surgical protocols to ensure:
- The correct limb or body part is removed.
- The patient actually requires an amputation.
- The procedure is performed with minimal risk of post-operative complications.
Wrongful amputations devastate victims, leading to lifelong disability, psychological trauma, and loss of independence.
Organ Damage
Surgeons must use precision and caution to avoid damaging nearby organs during surgery. If a doctor accidentally punctures, removes, or impairs an organ, complications can include:
- Internal bleeding and hemorrhaging.
- Organ failure requiring emergency surgery or transplants.
- Severe pain and long-term disability.
Nerve Damage
Nerves are delicate structures that control movement, sensation, and bodily functions. If a surgeon nicks, severs, or compresses a nerve, the patient may suffer:
- Paralysis or loss of motor function.
- Chronic pain or loss of sensation.
- Incontinence or organ dysfunction.
Some nerve damage is permanent, requiring ongoing medical treatment, rehabilitation, and adaptive equipment.
Cosmetic Surgery Malpractice
Plastic surgery mistakes can leave patients with:
- Permanent disfigurement.
- Asymmetry or unnatural appearance.
- Severe infections due to improper sterilization.
- Nerve damage or excessive scarring.
Common cosmetic procedures prone to surgical errors include facelifts, breast augmentations, liposuction, and rhinoplasty.
Eye Surgery Malpractice
Errors in LASIK, cataract surgery, and other vision correction procedures can result in:
- Partial or total blindness.
- Infections leading to vision loss.
- Incorrect lens implants causing severe vision impairment.
Who Can Be Held Liable for Surgical Errors?
Surgical malpractice cases may involve multiple liable parties, including:
- Surgeons – Responsible for performing safe, precise procedures and following all safety protocols.
- Anesthesiologists – Must properly administer anesthesia and monitor oxygen levels, blood pressure, and heart rate.
- Hospitals and Surgical Centers – Responsible for hiring qualified staff, maintaining equipment, and ensuring sterile conditions.
- Nurses and Surgical Assistants – Must follow pre- and post-operative protocols to prevent errors.
If multiple parties contributed to a surgical mistake, our legal team will hold them accountable.
Compensation for Surgical Malpractice Victims
Victims of surgical errors may recover damages for:
- Medical Expenses – Additional surgeries, hospital stays, rehabilitation.
- Lost Wages – Compensation for time missed at work due to injuries.
- Pain and Suffering – Physical pain, emotional distress, and diminished quality of life.
- Permanent Disability – Compensation for long-term impairments or disabilities.
- Wrongful Death Damages – Families of deceased victims may recover funeral costs and loss of financial support.
Florida Statute of Limitations for Surgical Malpractice Claims
- Medical Malpractice Claims – Must be filed within two years of discovering the injury (Florida Statutes § 95.11).
- Wrongful Death Claims – Must be filed within two years from the date of death.
- Exceptions – If a surgeon conceals their mistake, the statute may be extended.
Failing to file within the statute of limitations may result in losing your right to compensation.
What to Do If You Were a Victim of a Surgical Error
- Seek Medical Attention – Get a second opinion from a trusted medical professional.
- Request Medical Records – Obtain surgical reports, anesthesia records, and doctor notes.
- Document Your Symptoms – Keep track of pain levels, complications, and additional treatments.
- Consult a Medical Malpractice Lawyer – An attorney can evaluate your case, gather expert testimony, and file a lawsuit.
Contact Fogg Law Group for a Free Consultation
If you or a loved one suffered injuries due to surgical malpractice, our firm will fight to secure maximum compensation. Call 1-561-616-3000 or contact us online for a free consultation.