Florida Surgical Error Lawyer
Over 35 Years Experience

Florida Surgical Error Lawyer: Holding Negligent Surgeons Accountable

Experienced Representation for Victims of Preventable Mistakes Before, During, and After Surgery.

  • Investigating Complex Surgical Errors
  • Millions Recovered for Accident Victims
  • No Fee Unless We Win
Request Your Free Surgical Error Consultation

When Surgical Mistakes Cause Devastating Harm

Patients place immense trust in surgeons and operating room staff. While surgery always carries inherent risks, patients have the right to expect care that meets accepted medical standards. Unfortunately, preventable errors can and do occur, leading to serious complications, permanent injuries, or even death.

A surgical error is a mistake made during the planning, execution, or post-operative management of a surgical procedure that falls below the expected standard of care. Differentiating between an unavoidable complication and actual medical negligence is critical in determining if you have a valid legal claim.

At Lisa S. Levine, P.A., we understand the confusion, anger, and hardship faced by victims of surgical errors. With deep experience in complex medical malpractice litigation across Florida, Lisa Levine meticulously investigates surgical negligence cases to fight for the full compensation patients deserve.

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Common Types of Preventable Surgical Errors

Surgical negligence can manifest in numerous ways. Some common examples include:

  • Wrong-Site Surgery: Operating on the incorrect body part (e.g., wrong limb, wrong side of the brain).
  • Wrong-Patient Surgery: Performing a procedure intended for a different patient.
  • Retained Surgical Instruments/Objects: Leaving sponges, clamps, or other items inside the patient’s body.
  • Nerve Damage: Severing or damaging nerves due to careless technique, improper positioning, or failure to identify anatomical structures. (This can include specific issues like lingual nerve injury in dental/oral surgery).
  • Anesthesia Errors: Administering too much or too little anesthesia, improper intubation, failure to monitor vital signs, or adverse drug interactions.
  • Perforation or Puncture of Organs/Blood Vessels: Accidentally damaging nearby organs or vessels during the procedure.
  • Improper Surgical Technique: Using outdated methods, failing to execute standard procedures correctly, or causing excessive bleeding.
  • Errors During Spinal Surgery: Including misplaced hardware, nerve root damage, or failure to address the underlying condition properly, potentially leading to conditions like Cauda Equina Syndrome. (Merge content from old back surgery page here)
  • Post-Operative Negligence: Failure to recognize and promptly treat post-surgical infections, bleeding (hematomas), or other complications directly related to the surgery or lack of proper monitoring.

When Does a Surgical Error Become Medical Malpractice?

Surgery Malpractice Attorney Florida

Not every negative surgical outcome constitutes malpractice. Surgery inherently involves risks. Medical malpractice occurs when the surgeon or medical team’s conduct deviates from the accepted “standard of care,” directly causing the patient’s injury.

The standard of care refers to the level and type of care that a reasonably competent and skilled healthcare professional, with similar training and experience, would have provided under the same or similar circumstances.

To prove surgical malpractice, we typically need to demonstrate:

  1. Duty: The surgeon/hospital owed you a duty of care.
  2. Breach: Their actions (or inactions) fell below the accepted standard of care (negligence).
  3. Causation: This breach of duty directly caused your injury or harm.
  4. Damages: You suffered actual damages (physical, emotional, financial) as a result.

Distinguishing between an accepted risk/complication and a breach of the standard of care requires careful analysis of medical records and testimony from qualified medical experts.

The Serious Consequences of Surgical Negligence

Preventable surgical errors can lead to devastating and lasting consequences for patients, including:

  • Need for Additional Surgeries: To correct the initial mistake or repair damage caused by the error.
  • Substantial Financial Burden: Due to medical bills, lost income, and ongoing care needs.
  • Permanent Injury or Disability: Such as organ damage, nerve damage, paralysis, chronic pain, or loss of function.
  • Prolonged Hospital Stays and Recovery: Increasing medical costs and time away from work/life.
  • Serious Infections: Sepsis or localized infections requiring extensive treatment.
  • Emotional Trauma: Including anxiety, depression, and PTSD related to the experience.
  • Significant Scarring or Disfigurement.
  • Wrongful Death: In the most tragic cases.

Why You Need an Experienced Florida Surgical Error Lawyer

Surgical malpractice cases are highly complex and vigorously defended by hospitals and their insurance companies. You need an attorney with specific experience navigating these challenges.

Choosing Lisa S. Levine, P.A. means partnering with a firm that will:

  • Conduct Thorough Investigations: Obtaining and meticulously reviewing all relevant medical records, surgical reports, and hospital protocols.
  • Engage Leading Medical Experts: Collaborating with qualified surgeons and other specialists to analyze the standard of care and establish negligence.
  • Accurately Assess Damages: Working with financial and medical experts to determine the full lifetime impact of your injuries.
  • Negotiate Skillfully: Dealing assertively with insurance adjusters and defense attorneys to seek a fair settlement.
  • Provide Proven Trial Advocacy: Preparing every case as if it will go to trial and presenting compelling arguments in court when necessary. See Our Results.

Lisa S. Levine brings over 35 years of focused litigation experience to representing victims of surgical errors in Florida. She understands the intricate medical details and legal standards necessary to build a strong case.

Surgical Mistakes Lawyer FL

Compensation Available for Surgical Malpractice Victims

If you were harmed by a surgical error due to negligence, you may be entitled to significant compensation (“damages”) under Florida law, potentially including:

  • Medical Expenses: Costs for corrective surgeries, hospital stays, rehabilitation, therapy, medications, future care needs.
  • Lost Wages: Income lost due to time off work during recovery.
  • Loss of Future Earning Capacity: If the injury prevents you from returning to your previous job or limits future earnings.
  • Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
  • Loss of Enjoyment of Life: For diminished ability to participate in activities.
  • Loss of Consortium: For the impact on the relationship with a spouse.
  • Punitive Damages: In rare cases involving extreme or reckless conduct (subject to legal limits).

Proven Results in Medical Malpractice Cases

$2,500,000

Jane Doe
v. Surgeon and Hospital

A 66-year-old woman developed Cauda Equina Syndrome symptoms after a laminectomy due to an intraoperative injury and hematoma. Untimely diagnosis delayed hematoma evacuation surgery for 4 days, causing permanent severe pain, gait disturbance, saddle anesthesia, and bowel/bladder dysfunction.

$2,500,000

estate of john doe
v. Hospital

Our client, a 40-year-old father of 2 minor children, entered the hospital for pain management because of kidney stones. He was given Demerol for pain management. Demerol is a respiratory suppressant and the patient needs to be monitored closely. He died within 24 hours due to hospital’s failure to monitor the patient.

See More Case Results

Disclaimer: Past results do not guarantee future outcomes. Every case is unique.

Discuss Your Surgical Error Case – Free Consultation

If you suspect a surgical error caused serious harm to you or a family member, don’t wait to explore your legal options. Deadlines apply, and evidence can disappear.

Contact Lisa S. Levine, P.A. for a free, confidential consultation. We will review the details of your surgery and injuries, answer your questions, and explain how we can help you pursue justice. You pay nothing unless we win compensation for you.

(855) 551-8060

Frequently Asked Questions About Florida Surgical Error Lawsuits

It’s the level of skill and care that a reasonably competent surgeon in the same specialty would provide under similar circumstances. Failing to meet this standard, causing harm, is negligence.

This often requires a detailed review of your medical records by legal and medical experts. While all surgeries have risks (complications), errors involve a preventable mistake or deviation from the standard of care. An experienced surgical error lawyer can help investigate.

Florida’s medical malpractice statute of limitations generally requires filing within two years of the incident or discovery, but no more than four years total (statute of repose), with limited exceptions. Deadlines are strict – contact an attorney immediately.

No. We handle surgical error cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. The initial consultation is free.

Not necessarily. Consent forms address known risks of correctly performed procedures, but they don’t excuse negligence like performing the wrong surgery, leaving an object inside, or making a careless mistake that breaches the standard of care.