Today is the day of your long-waited organ transplant. You have waited two years to finally receive a new heart. You go in extremely early to the hospital, and they begin to prep you for surgery. As you go into the operating room, your family is filled with joy to find out that you are going to begin a new life and live many more years to come. The operation goes smoothly, and everything seems fine. A few hours after the operation, you begin to feel “weird”.
You go into cardiac arrest and suffer severe oxygen deprivation. It was later discovered that the heart used was not compatible with your blood type. The surgeon failed to take proper measures to ensure that you were receiving the right heart. This is a clear case of medical malpractice. North Miami Beach Surgical Center is specifically designed to assist outpatients in the performance of specific surgeries.
This medical facility is located at 120 NE 167th St, North Miami Beach, FL 33162 in Miami-Dade County. Surgeries are performed in the millions every year. Many individuals decide to undergo a surgery, while others have no other choice due to an emergency situation that may arise. Even though this medical center is specialized in surgeries, surgeons are the medical professionals that tend to be sued the most (about 33%). An important factor that every surgeon should take into consideration is that every surgery should be taken delicately. When a surgeon loses focus, lacks communication with their surgical team, is operating under the influence, and even fails to review their patient’s medical chart, medical negligence’s can happen that result in a medical malpractice lawsuit.
Some of the surgical services that they offer in which they specialize where a medical malpractice occurrence can occur include:
- E-N-T
- General Surgery
- Gynecology
- Ophthalmology
- Orthopedics
- Pain Management
- Plastic and Reconstructive Surgery
- Podiatry
- Urology
Medical malpractice during a surgery has a great percentage of occurring to patient than any other form of medical malpractice. Percy Martinez Law Firm medical malpractice Miami lawyers know that surgeries can determine whether a person lives or dies, and one simple error can be the determinant factor in that occurrence.
What Medical Mistakes Do Surgeons Tend to Perform?
North Miami Beach Surgical Center surgeons are capable of committing many medical negligences that can amount to a medical malpractice lawsuit. Professional Miami, FL medical malpractice attorneys at Percy Martinez Law Firm have guided many victims of surgical malpractice and have come to learn of the many mistakes that these medical providers are committing, including:
- Administering anesthesia incorrectly medical malpractice lawsuit: The use of anesthesia is present in almost all types of surgeries. Whether it is injected or used in the form of a mask, anesthesia is a key element in a surgical procedure. This drug is provided so that the patient does not feel any pain during the process. As important as it is for a surgery, it is also critical that it is properly administered. An anesthesiologist has to take the patient’s body weight, and history into account when deciding what dose of medication they need to give them. If an anesthesiologist provides too much or too little or injects them in the wrong spot, the patient can suffer severe damages. Another medical negligence during the administration of anesthesia is failing to monitor the patient’s vital signs.
- Operating on the wrong patient medical malpractice lawsuit: Some surgeries can be chaotic. A surgeon is rushed into a situation where the patient’s life depends on their actions. These moments can often lead to a surgeon operating on the wrong patient. They mix-up the medical chart of the patient or there is a lack of communication between medical staff. When the wrong operation is performed on the wrong patient, it could have devastating results. Just imagine that you go in for the simple removal of your appendicitis and come out with an amputated leg because the surgeon misread your medical chart. That is a damage that will forever haunt you and cause you pain and suffering for the rest of your life. Cases of wrongful amputation have not been unheard of.
- Performing unnecessary surgery medical malpractice lawsuit: Were you aware that about 30% of 20 to 25 million surgeries performed each year are not really necessary? Unnecessary surgery is being performed in the millions every year in the US. People are going through operations that are not needed. If an unnecessary is performed and you suffer substantial damages, you can file a lawsuit for unnecessary surgery. Some reasons behind this medical negligence include failing to read medical history of patient, not properly reading lab results, not ordering enough tests to be performed on patient, and more.
- Failing to review patient’s medical chart medical malpractice lawsuit: The medical chart of a patient is comprised of their medical history. It will let physicians know whether the patient is allergic to any medicine, whether they have had previous surgeries, history of a specific condition in the family, and if they have a current medical condition. Those are all elements of a patient that can influence the outcome of any type of medical action that a doctor decides to proceed with. For that matter, it is important that the patient’s medical chart is reviewed prior to taking any action. The medical staff also needs to ensure that these medical charts do not get misplaced and confused for another patient’s medical chart.
Surgery medical malpractice can happen through a variety of actions and circumstances during an operation. Expert Miami, FL medical malpractice lawyers at Percy Martinez Law Firm comprehend the crucial importance that skill, experience, and attentiveness of a surgeon during an operation play. Once a medical negligence is committed, the patient is in extreme danger – they can become a victim of surgery medical malpractice.
Statistics on Surgical Errors
- More than 4,000 patients that undergo a surgery are injured during the process
- 6.6% of cases lead to a wrongful death
- 59% of surgical error cases lead to temporary injury
- 33% of cases lead to permanent injuries
- Each week, a sponge or other surgical instrument is left about 39 times in a patient, the wrong procedure is performed about 20 times, and the incorrect body part is operated on about 20 times
- Surgeons are sued at a rate of about 33%
- About 12,000 people die from unnecessary surgery annually
Surgical Malpractice Frequently Asked Questions
Question: Which medical professional can I name as a defendant if they injured me during my operation?
Answer: The named individuals can be multiple entities at one time, or it can be the hospital or the surgeon in question. This depends on the status of the surgeon and the degree of the medical negligence committed.
Question: What are the common causes of surgical malpractice?
Answer: We have found that there are a variety of reasons behind surgical medical malpractice including:
- Lack of communication among surgical team
- Improper procedure
- Carelessness
- Distractions
- Negligence
- Inexperience
- Not obtaining informed consent
Question: Can I file a lawsuit for surgical negligence even though I did not sustain any injuries?
Answer: No. While negligence is a key component that is required in order to file a medical malpractice lawsuit, you must have also sustained substantial damages. Just because your surgeon committed a medical error, it does not directly indicate that you will be eligible for a medical malpractice lawsuit.
Question: What damages can I recover from a surgical malpractice lawsuit?
Answer: The type and amount of damages you recover depend on the severity of the medical negligence. You can be entitled to recover pain and suffering, loss of enjoyment of life, loss of consortium, loss of income, loss of future income, medical bills, and more. A skilled medical malpractice Miami, FL attorney will be able to determine the exact damages you can be compensated for.
Medical Malpractice Lawyer North Miami Beach Surgical Center
We have learned the importance that every surgery has. One little medical error committed by a surgeon could be the last moment in a patient’s life. Knowledgeable Miami, FL medical malpractice attorneys understand this very clearly, and sadly, have seen this medical negligence occur over and over. Botched surgeries, unnecessary surgeries, and even wrongful amputations are all grounds for a medical malpractice lawsuit for surgery incompetence. Our skilled team at Percy Martinez Law Firm dedicates their time and experience towards victims of medical malpractice. They strive to attain all the compensation possible for all the damages that their clients have endured due to medical malpractice. Do not wait to get in touch with them today through their free consultation.
References:
http://malpracticecenter.com/surgical-malpractice/
https://northmiamibeachsurgical.com/services/
https://www.seattlemalpracticelawyers.com/blog/2017/11/wrongful-amputation-loss-limb-malpractice/
https://www.nolo.com/legal-encyclopedia/surgical-errors-medical-malpractice.html
https://sweeneylawfirm.com/content/unnecessary-surgeries
https://www.seattlemalpracticelawyers.com/blog/2017/02/shocking-surgical-error-statistics/