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Surgical Negligence Every Move Matters

Surgical Negligence Lawyer Orlando

The majority of health care providers in Florida are qualified, highly educated professionals that have honorably accepted a challenge to care for the infirmed. The occupation of a dedicated surgeon is often a selfless and under-appreciated job that requires long hours and the ability to make split-second life or death decisions. We should be thankful and appreciate that there are many caring, compassionate, and qualified surgical teams in our state that care for us with great skill and sound medical judgment.

Michael Barszcz, M.D., J.D., and his legal team have respect and admiration for the men and women who perform surgery and save lives every day. We refuse to participate in any frivolous lawsuit against health care providers that have exercised reasonable judgment in the care of a patient. We strongly believe that our skilled medical professionals should not have their medical or surgical practice interrupted by unsubstantiated legal claims. However, we also believe that it is important to pursue meritorious medical negligence cases to protect the rights of the victim when unreasonable treatment has caused significant harm.

What is Surgical Negligence?

Surgical negligence, often termed medical malpractice, refers to a situation where a surgeon or medical professional fails to perform their duties competently, resulting in harm or injury to a patient. This negligence can manifest in various forms, some of which include:

  • Lack of Informed Consent: Failing to provide adequate information to the patient regarding the risks, benefits, and alternatives of a surgical procedure, thereby not obtaining proper consent.
  • Wrong-Site Surgery: Operating on the wrong part or side of the patient's body, such as performing a procedure on the left knee instead of the right knee.
  • Unnecessary Procedures: Conducting a surgical operation that is not warranted or justified based on the patient's condition, leading to avoidable risks and complications.
  • Insufficient Pre-operative Testing: Failing to conduct necessary tests before surgery to assess the patient's health status or identify potential risks.
  • Failure to Obtain Pre-operative Clearance: Neglecting to acquire approval or clearance from appropriate specialists or medical professionals before proceeding with surgery, which could impact the patient's safety.
  • Delayed or Inadequate Recognition of Post-operative Complications: Not promptly identifying complications or infections that arise after surgery, leading to worsened health outcomes.
  • Lack of Timely Medical Consultation: Failing to seek advice or consultation from other medical experts or specialists when required during or after the surgery.
  • Retention of Foreign Objects: Accidentally leaving medical instruments, sponges, or other foreign objects inside the patient's body after the surgery, which can lead to serious complications.

To succeed in a surgical negligence lawsuit in Florida, a plaintiff (the injured party or their representative) typically needs to prove four main elements:

  1. Duty of Care: The plaintiff must demonstrate that the surgeon or medical professional owed them a duty of care. In surgical cases, this duty involves the responsibility of the surgeon to provide a certain standard of care expected within the medical community.
  2. Breach of Duty: The plaintiff must show that the surgeon breached that duty of care. This involves proving that the surgeon failed to uphold the standard of care expected in similar circumstances. It might involve demonstrating errors such as performing the wrong procedure, making a surgical error, or failing to provide adequate pre- or post-operative care.
  3. Causation: There must be a direct link between the breach of duty and the harm or injury suffered by the plaintiff. The plaintiff needs to prove that the negligent actions of the surgeon were the direct cause of the harm they experienced.
  4. Damages: The plaintiff needs to provide evidence of the damages or injuries suffered as a result of the surgical negligence. These damages can include physical pain, mental anguish, medical expenses, lost wages, and any other losses directly resulting from the surgical error.

Common Causes of Surgical Negligence

Surgical negligence can stem from various factors, often arising from a combination of human error, systemic issues, or lapses in communication and judgment. Some common causes include:

  • Lack of Communication: Miscommunication among the surgical team regarding patient information, surgical plans, or post-operative care instructions can lead to errors.
  • Fatigue and Overwork: Surgeons and medical staff working long hours without adequate rest may experience fatigue, impacting their focus, decision-making, and precision during surgery.
  • Inadequate Training or Experience: Insufficient training or lack of experience in a particular procedure or technology can lead to mistakes during surgery.
  • Time Pressure: Operating under time constraints or pressures to minimize surgery duration can compromise thoroughness and attention to detail.
  • Equipment Failure or Malfunction: Technical issues with surgical equipment or instruments can result in errors or complications during surgery.
  • Poor Pre-operative Assessment: Inadequate evaluation of the patient's medical history, allergies, or existing conditions can lead to errors in the surgical approach or choice of anesthesia.
  • Failure to Follow Protocols and Procedures: Not adhering to established protocols or safety procedures, such as pre-operative checklists, can increase the risk of errors.
  • Substance Abuse: Substance abuse issues among medical staff can impair judgment and motor skills, significantly increasing the risk of errors during surgery.
  • Inadequate Staffing or Support: Insufficient staffing levels or inadequate support during surgery can strain the surgical team, potentially leading to errors.
  • Poor Communication with Patients: Failure to effectively communicate with patients about the risks, benefits, and alternatives of a procedure, as well as obtaining informed consent, can lead to misunderstandings or lack of patient cooperation.

Let Our Firm Help You

Michael Barszcz has a medical degree from Brown University Medical School and a law degree from the University of Florida College of Law. This rare combination gives Mr. Barszcz a unique perspective when pursuing complex medical litigation on behalf of his injured clients. As a former defense attorney for insurance companies, physicians, and hospitals, Mr. Barszcz has extraordinary insight into the evaluation of medical claims.

You may contact the Law Offices of Michael Barszcz, M.D., J.D., for a free consultation if you have suffered harm due to surgical negligence. There is no charge to discuss the facts or circumstances of your potential claim with our Florida medical malpractice attorney.

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