Surgical Errors

Miami Attorneys Skilled in Medical Malpractice Claims

Undergoing a surgical procedure can be an intimidating process. Trusting someone with your well-being while you are under sedation is difficult, and that trust should be respected. Unfortunately, surgeons can make careless mistakes, and when things go wrong, you may be left with significant harm and little knowledge of its cause. The medical malpractices at the Law Offices of Robert Dixon help injured individuals near Miami who have been hurt by a negligent doctor. When you are in this situation, you can assert your rights and pursue the compensation you deserve. We represent victims of medical negligence throughout Miami-Dade, Broward and Palm Beach Counties.

Types of Surgical Errors

Although all surgeries come with inherent risks, patients trust their doctors to follow certain standards of care and act to minimize these risks. However, unfortunately, surgical errors are more common than one would expect, with an estimate of 12,000 patient deaths each year caused by doctors performing unnecessary procedures. Other examples of errors include:

  • Surgery performed on the wrong body part;
  • Improper sanitation in preparing for surgery;
  • Failing follow proper post- or pre-operative care procedures;
  • Premature discharge of a patient;
  • Leaving foreign objects, such as surgical instruments, towels, or sponges, inside the patient;
  • Misreading lab results; and
  • Reckless decision-making.

If a surgeon fails to meet the appropriate standard of care, the result could be a severe injury or even the death of a patient. In these instances, the surgeon, staff, or hospital facility can be liable for damages.

Take Legal Action to Hold Doctors Responsible

If you have been harmed due to a surgical error, you may pursue a lawsuit against the doctor, hospital, or other responsible party. To establish a claim for medical malpractice, an injured person must show that he or she had a doctor-patient relationship with the defendant. A surgeon agreeing to perform and performing a procedure on a patient establishes this relationship. It also must be shown that the doctor breached his or her duty of care. A surgeon’s actions must fall within those standards accepted within the relevant medical community for that specialization and situation. Falling below such standards would indicate a breach of the care owed to the patient. Finally, the patient also must prove that the breach was a proximate cause of the injury, resulting in actual damages.

Causation may be the most difficult element to show in surgical error cases, especially when a patient was already sick. However, a skilled advocate can determine what medical records or expert testimony from healthcare professionals is relevant or necessary to succeed on a claim. Damages recoverable to victims of a negligent surgical procedure may include medical costs, pain and suffering, lost wages, disability, or loss of consortium. For intangible damages, Florida has placed a limit on what is recoverable, ranging from $500,000 to $1,500,000. The statute of limitations for medical malpractice claims in Florida is two years from the date the injury occurred, when it was discovered, or when it reasonably should have been discovered.

Seek Representation for a Medical Negligence Claim in Miami

If you have been injured or lost a loved one due to a surgical error, the medical negligence attorneys at the Law Offices of Robert Dixon can offer compassionate legal guidance. Countless individuals from Miami and other areas of the state have welcomed our efforts to protect their rights and hold accountable any parties that may be at fault. Call 877.499.4878 or contact us online to schedule a free, no-obligation consultation regarding your case.

Client Reviews
"Thank you to Robert Dixon & Kristopher Torres for an amazing experience handling with my first injury lawsuit. Very much hassle-free and down to earth experience working with this law firm. I would definitely use them again! My case was settled and I am satisfied with the results! Glad to have them fighting on my behalf." Diamond Epps
"This firm goes out of there way to make sure all of your needs are met. They are wonderful and within a year, my settlement was reached. In addition, I never waited more than a couple hours for someone to get back with me. I highly suggest this firm." Melissa Ellis
"I had the pleasure of working with attorney Torres when I was involved in a car accident last year. He was always checking up on me, always making sure that I was getting the proper treatment that I needed. Whenever I called the office everyone was so nice and willing to help me. I'm glad he was my attorney and thank you for such a wonderful service from you and your firm." Natalie J.
"I'd like to say that the Law Office of Robert Dixon has been great to work with since the inception of my case back in 2016. Robert and team made me feel rest assured that patience would constitute a much larger settlement and that truly was the case. ... I highly recommend this law firm for anyone needing help from a very compassionate team of hard workers. Thanks again everyone for this positive experience as this was my first time ever dealing with the courts or a law firm...." Paul Carlson
"Jodie, Jennifer and the WHOLE Team are AWESOME! Everyone I have spoken to, have been very professional, patient and kind. The ladies take their time to ensure you understand everything that is happening every step of the way. Each time I would have a question, they were available via e-mail or a quick phone call." Nathalie Perez