Pre-Op Surgical Errors - Medical Malpractice Attorney
Our pre-op medical malpractice lawyers have won millions in verdicts and settlements at trial for our clients. Contact us today to review your case for free.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- September 27, 2024
Home » Florida Medical Malpractice Attorney » Preoperative Clearance Error Attorneys
Contact our lawyers if you believe a hospital or one of its staff members is guilty of making a harmful or fatal error in preoperative clearance. Sometimes patients have underlying medical issues that make certain surgical procedures too risky for them to undergo. Patients or grieving loved ones deserve to explore their rights and potential opportunities for legal action under Florida law. The experienced surgery malpractice attorneys at Freedland Harwin Valori Gander, PL can help injured patients or loved ones with these types of claims in Florida.
What Does Preoperative Clearance Mean?
“Preoperative clearance,” involves the process when healthcare providers identify the patient’s medical history and/or background to determine if they are appropriate for a particular procedure. A physician must carefully review a patient’s chart and medical history to decide whether or not the patient is appropriate for the surgery or whether a different operation is more appropriate. Certain conditions can make a patient inoperable due to the risks of the procedure outweighing the rewards. Many different signs and health factors can tell a doctor not to give preoperative clearance, including:
- Abnormal electrocardiogram (EKG)
- Abnormal heart rate
- Anemia
- Increased risk of blood clots
- Diabetes-related complications
- Drug or alcohol use
- High or low blood pressure
- Underlying medical condition(s)
If a doctor notices any risks that make the patient unfit for the operation, it is his or her professional duty to recognize the issue and take appropriate action. The patient or health problem might be entirely inoperable, or the patient might need to gain better control of his or her health before undergoing the surgery. A doctor can instruct a patient to treat hypertension, diabetes, obesity, diet, sleep problems, or other impairments or issues that could prevent preoperative clearance before returning for another evaluation. Giving clearance when a reasonable and prudent doctor would not have, resulting in undue patient harm or wrongful death, can be medical malpractice.
What to Do After a Pre-Op Error Injures You
It is up to those working in pre-operative care to keep alarms turned on, monitor patients at all times, and administer life-saving treatments as necessary. The facility’s duty is to maintain an adequate nurse-patient ratio, train staff correctly, and maintain protocols that will reduce the chance of pre-op errors. Any medical errors arising out of negligence could result in a medical malpractice lawsuit in Florida.
Improperly clearing a patient for surgery can be a fatal mistake.
How to Prove Pre-Op Medical Malpractice
The doctor should assess the risks versus the rewards of the surgery for the patient and find out if there are less extreme or invasive options that would be safer or more effective. Failure to take the proper steps and actions to determine preoperative clearance can mean going through with an unreasonably dangerous surgery that the patient should never have had. If you suffered injuries or complications or a loved one passed away during an operation, consider whether a preoperative clearance error could be at the heart of the problem.
To prove medical malpractice, one must have evidence that the defendant owed a duty of care to the patient, breached this duty, and caused the patient’s damages. This may include investigating the incident, talking to witnesses, or hiring experts to testify. An attorney can help you with all of these processes and expedite your claim as much as possible.
Our lawyers can make sure you file your claim with the right courts, at the right time, with the right evidence and affidavits. We can also help maximize your recovery through skilled litigation and settlement negotiation. To learn more about your rights as an injured patient in Florida, contact our attorneys. Call (954) 467-6400 today.
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ALL FIELDS REQUIRED
- ANESTHESIA & PACU ERRORS
- BIRTH TRAUMA
- EMERGENCY ROOM MISTAKES
- FAILURE TO DIAGNOSE OR MISDIAGNOSIS – CANCER
- FAILURE OR DELAY IN DIAGNOSIS OF SEPSIS
- FAILURE TO DIAGNOSE AND TREAT GESTATIONAL DIABETES
- FAILURE TO DIAGNOSE BREAST CANCER
- FAILURE TO DIAGNOSE HEART ATTACK
- FAILURE TO DIAGNOSE OR TREAT AORTIC DISSECTION
- FAILURE TO DIAGNOSE PNEUMONIA
- FAILURE TO DIAGNOSE PULMONARY EMBOLISM
- FAILURE TO TREAT STROKE
- HOSPITAL MALPRACTICE
- INTRAVENOUS INFILTRATION
- MEDICATION ERRORS
- MEDICATION OVERDOSE
- MISDIAGNOSIS
- NEGLIGENT FETAL MONITORING
- OB/GYN ERRORS
- PLASTIC SURGERY ERRORS
- PREOPERATIVE CLEARANCE ERROR
- RADIOLOGY ERRORS
- SPINE SURGERY MISTAKES
- STILLBIRTH & MISCARRIAGE MALPRACTICE
- SURGERY CENTER ERRORS
- SURGICAL ERRORS
- TYPES OF MEDICAL MALPRACTICE LAWSUITS
CASE RESULTS
$24.5 Million
MEDICAL MALPRACTICE
JURY VERDICT
Damages Jury Verdict on behalf of the family of a 34-year-old woman who bled to death during childbirth. With the assistance of top experts, we were able to demonstrate that doctors did not follow proper safety protocols, forcing the defendants to admit liability shortly before trial.
$12.2 Million
PHARMACEUTICAL LIABILITY
SETTLEMENT
A settlement won on behalf of the family of a 47 year old woman whose death resulted from the use of a dangerous pharmaceutical drug. We proved the manufacturer knew of the dangerous side effects & did not provide proper warning.
$10 Million
BIRTH INJURY
SETTLEMENT
A settlement on behalf of a child who suffered a brain injury as a result of oxygen deprivation during birth. Through years of tactical and technical litigation, we were able to prove that the nurses and physicians both failed to intervene and prevent the brain injury.
$1.2 Million
MOTOR VEHICLE ACCIDENT
SETTLEMENT
A settlement on behalf of a middle-aged man who was read ended by a waste management truck.
$1.5 Million
NURSING HOME NEGLIGENCE
SETTLEMENT
A settlement on behalf of the family of an elderly man who died as a result of being neglected and uncared for by a nursing home.
TESTIMONIALS
I met Dan when I was in therapy and he came and right away it felt like a family member visiting you, a connection, like a brother. He’s been on both sides of the fence. He’s represented the hospitals and the doctors, and then he jumped over to the other side. It is a fantastic group, it was like Bell Belichick leading the team. They changed my life and still check on me. I recommend FHV to anybody and they thank me.
LARRY
I met Dan about a year ago. He never made me feel that it was about the money. When he spoke with me he was asking how Bill (my brother) was and if he was doing better. He made me feel like family and always asked if I was alright. That means a lot. Everyday is something new and I challenge for my brother. I would recommend [FHV] to everybody because I really believe that they’re helping from their hearts… from a really good place.
BILL
For anyone to represent anyone for 5 years and take the time to do it, not once just “get it out of the way” and “get it done with”. It was about what was best for Hunter and our family. It was about the case and the people.
ASHLEY
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