Miami Surgical Malpractice Attorney
If you or someone you love has suffered from surgical malpractice, you may be eligible to seek compensation for these losses. You don’t have to navigate this complex process alone—a Miami surgical malpractice lawyer can guide you through your legal options and improve your odds of receiving fair compensation. Freedland Harwin Valori Gander has helped countless surgical error victims recover the compensation they need to move forward with their lives. We’re ready to fight for you.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- November 14, 2024
Table of Contents
- Why Choose the Surgical Malpractice Attorneys at Freedland Harwin Valori Gander?
- How Do I Prove Medical Negligence in a Surgical Error Case in Miami, FL?
- What Kind of Compensation Can I Expect If I Win My Case in Miami?
- How Long Does a Surgical Malpractice Lawsuit Typically Take in Miami, Florida?
- Who Bears Responsibility in Miami Surgical Error Cases?
- Can I File a Lawsuit If I Signed a Consent Form Before the Surgery?
- What Are the Costs Associated With Hiring a Surgical Malpractice Lawyer in Miami, FL?
- What Is the Statute of Limitations for Filing a Surgical Error Claim in Miami?
- What Are the Signs That Might Indicate a Surgical Error?
- What Are the Different Types of Surgical Errors?
- Contact Our Miami Surgery Malpractice Attorneys for a Free Evaluation
When you go under the knife, you trust your surgical team to perform their duties with the utmost care and precision. Unfortunately, not all surgeries go as planned. Surgical errors can leave patients in worse condition than before the procedure, resulting in physical, emotional, and financial harm for both them and their loved ones. On top of mounting medical bills, they may be unable to work in their previous capacity or at all.
Why Choose the Surgical Malpractice Attorneys at Freedland Harwin Valori Gander?
Surgical malpractice claims require a high level of experience and extensive knowledge of medical procedures. At FHVG, our team has both.
We have focused almost exclusively on medical malpractice cases in Florida and beyond for more than 20 years. We have gained national recognition for handling lawsuits involving complex surgical malpractice for hundreds of clients. With over $2.6 billion recovered for our clients, we have the experience, resources, and fortitude to take on large medical entities on your behalf.
Our experience goes beyond representing malpractice victims—we also have experience defending medical providers and their insurance companies. This background gives us a unique perspective on the defense’s tactics and how to counter them effectively.
We know how high the stakes are for your future. That’s why we’re committed to providing personalized advocacy and accessible communication at every turn. When you turn to us, we’ll inform you about your case’s progress, address your concerns promptly, and employ all available resources to seek maximum compensation.
We offer a transparent fee structure with no upfront costs. You can focus on your recovery while we seek justice for your surgical malpractice claim. Whether you live in Brickell, Doral, Kendall, North Miami, South Miami, Aventura, Little Havana, Wynwood, Flagami, Coconut Grove, or Edgewater, FHVG has a team of skilled medical malpractice attorneys in Miami ready to fight for your rights.
Surgical Malpractice Case Results That We Have Obtained
- $10 Million Settlement – A cardiothoracic surgeon and hospital in Miami failed to follow appropriate pre-operative protocols, leading to a catastrophic brain injury.
- $9 Million Settlement – A hospital and emergency physician in Miami failed to identify a brain aneurysm leading to the death of a young mother.
- $2.7 Million Settlement – Failure to appropriately interpret pathology after a nasal surgery that led to a delay in diagnosis of cancer.
- $2.6 Million Settlement – Failure to diagnose a pre-operative EKG that led to an improper clearance for surgery and caused the decedent to have a myocardial infarction.
- $1.85 Million Settlement – A hospital negligently credentialed a surgeon and allowed him to perform spinal surgery that led to a severe intra-operative injury.
- $1.8 Million Settlement – A local Miami surgeon and hospital failed to timely diagnose bowel ischemia, leading to loss of bowel and septic shock.
FHVG serves all of the Miami area, including the following neighborhoods:
- Hialeah
- Miami Gardens
- Miami Beach
- Homestead
- Doral
- North Miami
- Coral Gables
- Cutler Bay
- North Miami Beach
- Aventura
- Miami Lakes
- Palmetto Bay
- Hialeah Gardens
- Sunny Isles Beach
- Sweetwater
- Pinecrest
- Opa-locka
- Key Biscayne
- Miami Springs
- Florida City
- South Miami
How Do I Prove Medical Negligence in a Surgical Error Case in Miami, FL?
In a surgical error case, the plaintiff has the burden of proof to establish medical negligence. You and your Miami surgical malpractice attorney must establish the following four elements:
- Duty: Your health care provider owed you a duty of care, meaning they were legally obligated to provide you with the medical treatment expected of a competent provider under the same circumstances.
- Breach of duty: Your health care provider failed to meet the accepted standard of care for your specific situation.
- Causation: Your health care provider’s breach of duty caused your injuries.
- Damages: Your injuries caused you to suffer damages, such as medical bills, lost wages, or pain and suffering.
Each of these elements requires substantial evidence. Our experienced Miami surgical error lawyers will gather and present the necessary evidence to prove your case.
What Kind of Compensation Can I Expect If I Win My Case in Miami?
A successful surgical malpractice case will compensate you for the full extent of your damages due to your health care provider’s negligence. These damages can include both economic and non-economic losses, such as the following:
- Medical expenses, including current and future treatment costs related to your injuries
- Lost wages due to time off work for medical appointments or recovery
- Lost earning capacity due to the injuries’ long-term impact on your ability to work
- Physical and emotional pain and suffering
When you work with FHVG, our team will fight to get all available compensation for your surgical malpractice injuries. We understand that no amount of money can fully make up for the harm you have suffered, but full compensation can help ease your financial burden and help you begin moving forward with your life.
“Several heavily advertised “big” firms for Med Mal thought our case was too weak. Dan Harwin and colleagues were ready, unbelievably thorough and relentless, and our settlement was 60% higher than their original estimate. Fierce advocates and continued friends after all has been said and done.”
– Daniel C., Google
How Long Does a Surgical Malpractice Lawsuit Typically Take in Miami, Florida?
No two surgical malpractice cases are the same, and the timeline varies on a case-by-case basis. Some surgical malpractice lawsuits resolve in just a few months, while others may take several years to resolve.
At FHVG, we’re committed to handling cases as efficiently as possible while prioritizing quality and results. In some cases, we may need to take steps to pursue your rights, which may take some extra time, but we’ll only do so when necessary to achieve the best outcome for your case. Our team will keep you updated on your case’s progress and provide realistic expectations for how long it may take to reach a fair settlement or verdict.
Who Bears Responsibility in Miami Surgical Error Cases?
Any health care provider involved in your surgical care whose negligence contributed to your injury could be responsible for your damages, including:
- Surgeons
- Anesthesiologists
- Nurses
- Medical assistants
- Other medical staff
Hospitals or medical centers may also be liable if they employ negligent staff, do not maintain proper equipment, or fail to establish and impose adequate safety protocols.
In some cases, multiple parties may share liability for a surgical error. Unraveling the complex web of responsibility requires a surgical error lawyer’s thorough investigation and analysis. Consulting a Miami surgical malpractice attorney is the first step in holding all negligent parties accountable for their actions.
Can I File a Lawsuit If I Signed a Consent Form Before the Surgery?
Hospitals and other medical centers often ask patients to sign consent forms before surgery. These forms acknowledge that the patient is aware of the risks associated with their procedure and agrees to proceed despite those risks. If you signed a consent form before your surgery, you typically still have the right to file a surgical malpractice lawsuit.
All medical procedures have risks, but there’s a difference between an unavoidable complication and a preventable error. By signing the consent form, you agreed to accept the former but not the latter.
“FHVG handled my medical malpractice case. they were kind, compassionate, always answered questions, concerned & did the very best for all involved. I couldn’t have had attorneys with more expertise than them! I am grateful for all they did throughout the entire process. I would encourage anyone needing attorneys for these types of claims to contact Freedland, Harwin, Valori and Gander because you will be very glad you did! They are truly the best!”
– Rhonda L., Google
What Are the Costs Associated With Hiring a Surgical Malpractice Lawyer in Miami, FL?
Your financial resources are likely already stretched thin by your medical treatment and recovery costs. Fortunately, you don’t need to worry about adding the cost of legal representation to that list.
At FHVG, we work on a contingency fee basis. You won’t pay any upfront fees for our services. Instead, we only collect a percentage of the settlement if we win your case. Our fee will be a portion of the settlement or jury award we obtain for you. We’ll discuss what that may look like in more detail before we take on your case so there are no surprises down the line.
What Is the Statute of Limitations for Filing a Surgical Error Claim in Miami?
Florida has a two-year deadline for filing medical malpractice claims, known as the statute of limitations, from when you knew or should have known of the malpractice, but never more than four years. If you fail to file your claim within this time frame, you will likely lose your right to seek compensation.
The countdown for surgical malpractice claims begins on the date the surgical error occurred. If you discovered the error later, the deadline is two years from when you learned of or should have reasonably discovered it. However, you cannot file suit more than four years after the date of the surgical error, regardless of when you discovered it. The only exception is if the victim is a minor child—in that case, the discovery rule allows a claim until the child’s eighth birthday.
What Are the Signs That Might Indicate a Surgical Error?
Determining whether an injury has resulted from a surgical error can be challenging. All surgeries, including Miami’s many cosmetic and plastic surgeries, carry risk. Not all bad outcomes are the result of surgeon negligence. Some injuries are simply unavoidable complications.
However, many surgical injuries are the result of preventable mistakes. If you’ve experienced any of the following after undergoing surgery, it may be worth considering whether a surgical error occurred:
- Worsening or new symptoms not present before surgery
- Infection at the incision site
- Persistent pain or numbness
- Internal bleeding or hemorrhaging
- Loss of function in a body part
- Development of new health conditions, such as blood clots or nerve damage
- Delayed recovery time
- Need for additional surgeries or procedures
- Stroke or oxygen deprivation injury
If you are experiencing any of these symptoms, seeking medical attention immediately and documenting all your treatments and diagnoses is vital. The health care provider who made the error is unlikely to admit a mistake, so it’s a good idea to visit another specialist to diagnose the injury and develop a treatment plan.
What Are the Different Types of Surgical Errors?
In 2022, 29 people died from medical and surgical care complications in Miami-Dade County alone—a rate of 0.8 per 100,000 people. This statistic is slightly higher than Florida’s statewide rate of 0.7 per 100,000. Although some of these deaths may not have been preventable, a significant number may have been from avoidable surgical errors. Many more patients suffer non-fatal injuries related to surgical mistakes.
Surgical errors can occur at any stage, including before, during, and after surgery. Here are some common types of surgical errors that can happen in Miami:
- Anesthesia errors, such as administering the wrong dosage or failing to monitor the patient’s vital signs
- Wrong procedure, in which the surgeon performs a different procedure than what the patient consented to
- Wrong-site surgery, in which the surgeon operates on the wrong body part
- Wrong-patient surgery, which occurs when medical staff operates on the wrong patient due to mistaken identity
- Foreign objects, such as surgical instruments, left behind in the body after surgery
- Failure to follow hygiene and disinfection protocols, such as not sterilizing surgical tools
- Equipment failure during surgery
- Inadequate post-operative care, such as failing to monitor and treat complications after surgery
- Improper clearance for surgery
Contact Our Miami Surgery Malpractice Attorneys for a Free Evaluation
Discovering that you or a loved one has been the victim of an error during surgery can erode your trust in the health care system and leave you wondering where to turn for help. At FHVG, we understand the physical, emotional, and financial toll surgical errors can take on patients and their families. We take your well-being seriously and are committed to advocating for your rights as a patient.
If you suspect you or someone you love has experienced surgical malpractice, we invite you to contact our Miami surgical malpractice lawyers for a free consultation. We’ve recovered over $2.6 billion for our deserving clients and are ready to get to work for you.
Call (954) 467-6400 or complete our online form to get started.
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