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St Augustine, FL Surgical Mistakes Lawyer
St Augustine Surgical Error Attorney
Although the goal of every surgery is a positive outcome, they are also inherently risky procedures. Things go wrong in surgeries all the time, but sometimes, the most devastating accidents are completely preventable. If you believe that you or a loved one’s surgery resulted in complications that were due to preventable errors, consider reaching out to a St. Augustine, FL, surgical mistakes lawyer.
Spohrer Dodd Trial Attorneys: A Legal Team With Extensive Experience
Spohrer Dodd Trial Attorneys frequently work with clients aiming to file medical malpractice claims and have won over $1 billion in compensation for their needs. Due to our firm’s size and reputation in the Northeast Florida area, we also work with practicing medical professionals in a wide variety of fields to provide testimony on our client’s cases.
Our firm also has an in-house physician that evaluates our client’s medical cases. Our relationships with physicians and medical staff give us a unique advantage in proving medical malpractice cases. Working with Spohrer Dodd Trial Attorneys can help hold negligent medical providers accountable for preventable and critical surgical errors in St. Augustine, FL.
What Is a Surgical Error Claim?
Every medical case is unique. Sometimes, complications after surgery are not due to any errors and are the result of an individual’s specific medical history. Filing a claim for surgical errors is usually done with a medical malpractice claim. In order to prove medical malpractice, the following three things must be true:
- There must have been a relationship between a patient and a medical provider. This implies that there is a certain standard of care that the medical provider owes the patient.
- Every mistake during surgery does not necessarily qualify as medical malpractice. A mistake must fail to meet the standard of care that was expected for the medical provider to uphold.
- If a surgical error that did not meet the standard of care directly caused complications for the patient, then it might be possible to receive damages for those errors.
These claims can be proven by medical documents, sworn affidavits, and testimony from medical providers.
Why Do I Need an Attorney?
Medical errors are one of the most common causes of fatalities among American adults. Unlike other accidents like traffic collisions, medical errors can be difficult to prove due to the complexity of a technical process like surgery. This is why working with an attorney can help you prove your claim.
Insurance companies are also aware of the difficulties of proving medical malpractice and can use this to their advantage to avoid paying damages. A medical malpractice lawyer can help you navigate difficult legal proceedings and jargon to get you the compensation you deserve.
What Surgical Errors Should You Watch Out for?
There are a wide variety of errors that can occur during surgery, but some errors happen more frequently than others. Here are some of the most common mistakes made in the operating room:
- Improper Anesthesia Use: Anesthesia can be dangerous in the wrong doses. Sometimes, a patient gets too little or too high of a dose, which can cause preventable side effects.
- General Carelessness: Sometimes, surgeons do not perform proper checks on their tools or the patient they are operating on. This can lead to errors like performing operations on the wrong body parts and leaving surgical tools inside the patient.
- Surgeon Fatigue: Things like exhaustion and burnout can affect a surgeon’s performance, making them more likely to make preventable errors like damaging nearby organs or nerves.
If a surgeon made an error during you or your loved ones’ surgery that directly caused them additional complications, pain, or lost wages, contact a medical malpractice attorney to see if you can file a claim.
What Types of Compensation Are Available?
Most people think about covering medical expenses when considering filing a medical malpractice claim, but there are multiple types of damages you can sue for. You can also claim any wages you lost due to the surgical error. Non-economic damages like pain and suffering can be claimed as well, but these types of damages have a cap of $500,000.
Medical Malpractice Claim FAQs
Q: Can You Sue a Surgeon in Florida?
A: In North Florida, you can sue a surgeon, a doctor, additional medical staff, or a hospital for negligence in a medical malpractice claim. Examples of negligence include lack of proper training or skills, carelessness, or misjudging a certain medical decision or circumstance. Working with a medical malpractice attorney can help you determine whom to file your claim against and assist you with preparing evidence against them.
Q: Can You Sue for Medical Negligence in Florida?
A: While medical negligence can be difficult to prove, it is possible to sue for medical negligence in St. Augustine. In order to have a valid claim of medical negligence, a standard of care that the medical provider was responsible for must be established. It must also be proven that the doctor did not reach that standard of care and that those actions directly caused injury to the patient.
Q: What Should I Do if Surgery Goes Wrong?
A: Every surgery has some level of risk. Just because there are surgery complications doesn’t mean you can sue for medical negligence. If there were preventable surgery errors, however, it might be possible to sue for medical malpractice. A St. Augustine medical malpractice attorney can discuss your surgical experience to determine what legal actions are right for you.
Q: How Long After Surgery Can I Sue for Malpractice in Florida?
A: In Northeast Florida, the statute of limitations of medical malpractice claims is two years from the date of surgery. If injuries from that surgery are not immediately discovered, then it is possible to extend the time limit by two additional years from the date the injuries were discovered. There are some additional exceptions to this rule for claims involving underage victims or if the medical provider committed fraud.
Stand Up for Your Rights By Contacting Spohrer Dodd Trial Attorneys
Due to the short statute of limitations for medical malpractice cases in Florida, it is important to act as quickly as possible. This can be difficult to manage while recovering from surgical errors. Contact us for a free consultation to learn how we can benefit your medical malpractice claim.
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