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Surgical Error Lawyers
You trusted the doctors in the operating room to fix you, not leave you with new scars, yet a surgical error shattered that trust. Under Florida medical malpractice statute 766, a presuit notice and sworn expert affidavit can force hospitals to open records and negotiate before trial. My team at Percy Martinez Medical Malpractice Lawyers channels AHCA investigations and Board findings to turn that leverage into compensation that funds your full recovery.
Percy Martinez, P.A.
Want to learn more about how we have helped families recover across Florida? See our case results.
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Learn why checklists fail and how that helps your claim
Surgical Error: Why It Still Happens in ORs
Even with safety checklists in place, surgeons still operate on the wrong body part or leave tools behind mistakes that a national hospital safety watchdog says account for nearly one in six of its most serious incident reports. Roughly 4,000 of these “never events” happen across the country each year, most triggered by skipped time outs, bad site marking, or miscommunication. When any of those lapses break Florida’s standard of care, they become medical negligence and open the door to full compensation.
Know the warning signs that demand immediate legal action
Post Op Red Flags That Scream “Surgical Mistake”
Lingering pain, numbness, or an unexpected trip back to the OR often means something was left behind or done on the wrong site. Independent safety studies show retained sponges spark infection in roughly two thirds of cases, while wrong site operations leave permanent harm nearly half the time and usually require another surgery. Sudden nerve injury, unexplained bleeding, or an anesthesia scare are similar red flags so save every chart and note; a single nursing entry can prove where the mistake began.
Beat the ticking clock before your rights disappear
Florida’s Two Year Clock and Other Legal Landmines
Victims generally have two years from discovering the injury, but never more than four years after the surgery unless a child is involved per Fla. Stat. §95.11(4)(b). Complex presuit notice rules in Chapter 766 demand a verified medical expert affidavit before filing. Miss a deadline and courts must dismiss, no matter how egregious the harm. Acting quickly preserves evidence and tolls limitations.
Proven courtroom wins push insurers to settle fast
Why Families Choose Percy Martinez After a Surgical Error
From our research figures peg the average U.S. surgical error payout near $1 million when a case reaches verdict. Percy Martinez routinely outperforms that benchmark through early expert deployment, high fidelity 3D surgery reconstructions, and a courtroom win rate that has driven multiple seven figure settlements including $625k for a retinal gas overdose and $1.5 m for a newborn neurological injury. Hospitals know our readiness to try cases, so most settle before trial, sparing clients further trauma.
We lock down every record within twenty four hours
Our Rapid Response Investigation Process
Within 24 hours of intake we subpoena the full operative record, anesthesia log, and nurse notes; a board certified surgeon then matches events against the Universal Protocol’s three step safety standard. We scan imaging for foreign objects, interview scrub techs under oath, and model causation using 360 VR technology. This speed prevents evidence loss and pressures insurers to negotiate.
We calculate every cost so no dollar is left behind
Damages We Demand and Why Insurers Listen
Florida verdict data show median malpractice settlements hover near $250k, yet life care costs after catastrophic surgical missteps often exceed $2 m. Our economists calculate every dollar: revision surgeries, home modifications, lost earnings, and intangible suffering. Presenting these numbers with day in the life video routinely pushes offers above policy limits.
What people are saying
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Your Free Surgical Error Audit
Ready for Answers?
Joint Commission policy urges transparency after sentinel events but most hospitals stay silent. Percy Martinez fills that gap our in house nurse will review your records today, clarify the mistake, and map next legal steps. The call is free, the audit confidential, and the statute clock is ticking.
See Our Locations
Serving Miami‑Dade County
Laparoscopic burns at Jackson Memorial, misplaced screws at Baptist Health Kendall, or retained sponges at Mount Sinai all demand swift forensic review. Our Coral Gables team consults with Miami surgeons who write the textbooks, reconstructs every step of the operation, and files in the Eleventh Circuit before hospital lawyers regroup.
View Full Map | Phone or text: (305) 423-0635 | 2655 Le Jeune Rd, Suite 504, Miami, FL, 33134
Serving Hillsborough County
Wrong site orthopedic cuts at Tampa General and vascular injuries at Moffitt often trace back to rushed turnover times. From Ybor City to Clearwater, our Hillsborough litigators collect instrument counts, anesthesia charts, and OR video the same day and confront insurers in the Thirteenth Circuit’s expedited med‑mal docket.
View Full Map | Phone or text: (813) 371-0384 | 1228 E 7th Ave #223, Tampa, FL 33605
Serving Duval County
A nicked bile duct at Mayo Clinic Florida or retained gauze at UF Health can sideline a life. Stationed downtown, our Jacksonville lawyers secure intra‑operative imaging and surgeon deposition slots within hours, then drive cases through the Fourth Circuit where surgical negligence verdicts trend high.
View Full Map | Phone or text: (904) 385-9117 | 301 W Bay St Suite 14168, Jacksonville, FL 32202
Serving Orange County
Robot assisted misplacements at AdventHealth Orlando and severed nerves at Orlando Health require immediate metallurgical and pathology tests. Overlooking Lake Eola, our Orlando team assembles those labs, partners with ex‑proctors for sworn opinions, and files in the Ninth Circuit courtrooms known for efficient surgical error calendars
View Full Map | Phone or text: (407)487-2570 | 37 N Orange Ave #533, Orlando, FL 32801