A single mistake in the operating room, such as operating on the wrong body part, leaving an object inside you, or mishandling anesthesia, can change your life forever. These aren’t routine risks; they’re preventable errors caused by negligence. At Souder Law, we know the devastation surgical errors cause, and we fight to hold negligent doctors and hospitals accountable. With a proven record of recoveries, we are dedicated to securing the full justice you deserve.
What Are Surgical Errors?
Across Florida and the United States, surgical mistakes are a leading cause of medical malpractice claims. In fact, nearly one in four malpractice cases involve surgical errors, with retained surgical objects, wrong-site surgeries, and anesthesia mistakes being among the most common. These errors are not only frequent but also devastating, often resulting in permanent injury, the need for additional surgeries, or even wrongful death.
Surgical errors occur when a surgeon, nurse, or hospital staff member deviates from the accepted standard of care during a procedure. Unlike the ordinary risks associated with surgery, these mistakes are preventable acts of negligence. Examples include operating on the wrong patient, performing the wrong procedure, cutting too deeply, or leaving tools behind inside the body. Each error represents a serious breach of trust that can cause long-term physical, emotional, and financial consequences for patients and their families.
Common Types of Surgical Errors:
- Operating on the wrong body part
- Performing the wrong surgical procedure
- Leaving foreign objects such as sponges or instruments inside the body
- Making incorrect or poorly placed incisions
- Administering anesthesia improperly
- Damaging surrounding organs, nerves, or tissues during surgery
- Failing to monitor the patient’s vital signs correctly
- Allowing a patient to fall or be mishandled during transfer
How We Handle Your Surgical Errors Claim
At Souder Law, we begin by conducting a thorough investigation into your procedure. We obtain and analyze your medical records, consult with independent medical experts, and identify where the standard of care was violated. We also gather supporting evidence such as surgical notes, anesthesia logs, and hospital safety records to build a strong foundation for your claim.
From there, we build a strategic and aggressive case on your behalf. We handle all communication with hospitals, doctors, and insurance companies so you don’t have to. Our team prepares your claim for trial from the very beginning, using accident reconstruction training and medical expertise to strengthen your case. Every step is focused on one thing: ensuring you receive maximum compensation and accountability for the harm you’ve suffered.
Damages Available in Surgical Errors
In a surgical error case, identifying all liable parties, from the surgeon to the hospital or even the anesthesiologist, is critical to ensuring you recover the full value of your claim. Each responsible party may contribute to the harm you suffered, and holding them accountable increases the likelihood of obtaining the compensation necessary to cover immediate and long-term losses.
Once liability is established, you may be entitled to different forms of compensation, including:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation and therapy costs
- Loss of enjoyment of life
- Wrongful death damages (if applicable)
What is the Difference Between a Surgical Risk and a Surgical Error?
Every surgery carries inherent risks, such as infection, anesthesia complications, or slow healing. These risks are explained before your procedure, and choosing to undergo surgery means you accept them. A surgical error, however, is different. Errors happen when a doctor, nurse, or hospital staff member acts negligently, such as operating on the wrong site, leaving an instrument inside you, or administering anesthesia improperly. These are preventable, and when they occur, they can form the basis of a medical malpractice claim.
How Long Do I Have to File a Surgical Error
Claim in Florida?
Under Florida law, you generally have two years from the date you discovered (or reasonably should have discovered) the malpractice to file a claim. However, no case can be filed more than four years after the actual incident, except in cases involving fraud, concealment, or a young child under the age of 8. Because surgical error cases require extensive investigation and expert review, it’s critical to act quickly.
Steps to Take Immediately After Surgical Errors:
- Seek immediate medical attention to address complications
- Request copies of all medical records and surgical reports
- Document your symptoms, recovery challenges, and additional treatments
- Preserve any physical evidence, such as items removed during corrective surgery
- Contact a qualified medical malpractice attorney like Tavis Souder to evaluate your case
- Avoid signing documents or accepting settlements from the hospital or insurer
- Gather witness information from anyone present during or after the procedure
Find Out What Your Case is Worth (At No Cost)
Souder Law is a compassionate yet aggressive trial firm based in Jupiter, serving Palm Beach County and the entire South Florida region. If you or a loved one suffered from a surgical error, we are relentlessly dedicated to ensuring you receive nothing less than full justice. We work on a contingency fee basis, so it costs you absolutely nothing to pursue your claim unless we recover compensation for you. Contact us today for a free case review and discover the potential value of your surgical errors case.
