All surgery involves some degree of risk, and before any surgery, a surgeon is required to explain the risks to the patient. When a surgical procedure causes an injury that is not a known risk of the procedure, however, it may be due to an error committed during the surgery. Surgical errors can cause severe and permanent disabilities, and they typically result from negligence. If you were harmed by a surgical error, you should retain an assertive personal injury attorney to assist you in seeking damages for your injuries. Fort Lauderdale surgical malpractice lawyer Joseph I. Lipsky has the skills to prove that your surgeon should be held accountable for your injuries and to help you recover the full amount of damages that may be available. Mr. Lipsky represents injured patients in medical malpractice lawsuits in Fort Lauderdale and other cities throughout South Florida.
While the risks of a surgical procedure depend in part on the type and complexity of the surgery, there are certain types of harm that are most likely caused by a surgical error rather than a known risk. Surgical errors can cause nerve or organ damage, paralysis, and excessive bleeding. In some cases, a surgical error may be extreme, such as when the surgeon leaves a foreign object inside a person or operates on the wrong area of a person’s body. Additionally, a person may suffer harm from an anesthesiologist administering too much or too little anesthesia. A surgical malpractice attorney can assist Fort Lauderdale residents in any of these situations.
In Florida, the burden imposed on a person seeking compensation for medical malpractice, including surgical errors, is defined by statute. Specifically, anyone alleging that the negligence of a surgeon caused his or her harm must prove by a preponderance of the evidence that the surgeon breached the prevailing standard of care for his or her profession. The prevailing standard of care that applies to the surgeon is the level of treatment, skill, and care that similar surgeons who are reasonably prudent would use in the same situation. After the patient seeking damages establishes that the surgeon breached the prevailing standard of care for his or her profession, the patient must show that the breach caused them to sustain actual damages.
Generally, in Florida medical malpractice cases, the burden is on the plaintiff to prove that the defendant’s negligence caused his or her harm. In most cases, this requires a Fort Lauderdale surgical malpractice attorney to work with a medical expert to establish the standard of care and to draw the connection between the breach of the standard of care and the plaintiff’s subsequent harm. In cases in which a surgeon leaves a foreign object, such as a sponge, needle, or clamp, inside a person, however, this is prima facie evidence of the surgeon’s negligence. In other words, it establishes that the surgeon was negligent, and the burden shifts to the surgeon to prove otherwise. Thus, expert testimony is most likely not necessary in cases in which a foreign object was left inside a person during a surgery.
Surgical errors can cause grave and permanent harm. If you were injured by a surgical error, it is essential to speak with a knowledgeable medical malpractice attorney. Joseph I. Lipsky is skilled in helping patients injured by surgical errors seek compensation and will diligently pursue the full amount of compensation that you may be owed. Mr. Lipsky represents people in lawsuits arising out of surgical errors in Fort Lauderdale and elsewhere in Broward, Miami-Dade, Orange, Palm Beach, and Monroe Counties, including in West Palm Beach, Miami, Orlando, and Key West. We have offices in Miami, Plantation, Delray Beach, and West Palm Beach. We can be contacted at 1-888-352-5298 or online to set up a confidential and free meeting with a surgical malpractice lawyer in the Fort Lauderdale area to discuss your potential claims.