Surgery is one of the most delicate and complex areas of medicine, where even small mistakes can have devastating consequences for patients. While most procedures in Florida hospitals are performed safely, surgical errors unfortunately remain a significant cause of medical malpractice claims. If you or a loved one suffered harm due to a surgical mistake, you may be wondering whether you have a case under Florida law.
What Is Considered a Surgical Error?
A surgical error is a preventable mistake that occurs during surgery and goes beyond the expected risks of the procedure. Common examples in Florida medical malpractice cases include:
-
Wrong-site surgery – operating on the wrong part of the body.
-
Wrong-patient surgery – performing a procedure on the wrong patient.
-
Retained surgical instruments – leaving sponges, clamps, or other tools inside the patient.
-
Anesthesia errors – incorrect dosing or failure to monitor oxygen levels.
-
Nerve or organ damage – caused by negligence or improper technique.
-
Failure to monitor during and after surgery – leading to avoidable complications.
These errors often occur due to poor communication, fatigue, inadequate preoperative planning, or failure to follow established safety protocols.
Do All Surgical Complications Equal Malpractice?
Not every negative surgical outcome rises to the level of malpractice. Florida law requires proof that the surgeon, hospital staff, or anesthesiologist breached the prevailing professional standard of care—meaning they acted in a way that a reasonably careful medical provider would not have under similar circumstances.
To succeed in a surgical error claim, you generally must show:
-
Duty of care – The provider owed you a professional duty as their patient.
-
Breach of duty – They failed to meet the accepted medical standard of care.
-
Causation – The error directly caused your injury.
-
Damages – You suffered measurable harm (medical expenses, lost income, pain and suffering, or long-term disability).
Florida’s Medical Malpractice Laws
Florida has strict rules for pursuing surgical error claims. Before filing suit, you must go through a pre-suit investigation and notice process under Florida Statutes Chapter 766. This includes obtaining an expert medical opinion confirming that malpractice occurred.
Additionally, there are time limits: generally, a claim must be filed within two years of discovering the injury, but no later than four years from the date of the malpractice in most cases. Exceptions exist, such as in cases of fraud or when a child is the victim.
When Is the Hospital Liable?
Hospitals in Florida may be held liable for surgical errors if:
-
The negligent surgeon or staff member was their employee or agent.
-
The hospital failed to properly screen, train, or supervise its medical staff.
-
The hospital allowed unsafe practices, such as inadequate sterilization or ignoring safety checklists.
In some cases, both the surgeon and the hospital may share liability.
What to Do If You Suspect a Surgical Error
If you believe you were harmed by a surgical mistake in a Florida hospital, take these steps:
-
Seek immediate medical care – to address complications.
-
Request your medical records – they are crucial evidence.
-
Consult a Florida medical malpractice lawyer – these cases are highly technical and require expert review.
-
Act quickly – Florida’s deadlines for malpractice claims are strict.
Conclusion
Surgical errors can leave patients with lifelong physical, emotional, and financial burdens. Florida law allows victims of malpractice to seek justice and compensation, but the process is complex and time-sensitive. If you suspect you were the victim of a surgical mistake, speaking with an experienced Florida medical malpractice attorney is the first step toward protecting your rights.
Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
