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Table of Contents
No one ever wants to hear that they have to undergo surgery. Surgery is always risky by its very nature and patients are at risk of experiencing side effects and other complications. The only reassurance patients have is that the healthcare professionals caring for them will provide the very highest standard of care to ensure they do not become harmed. No one wants to think that a mistake will happen that will further jeopardize their health. Unfortunately, it happens all too often. If you or someone you love has been hurt, our Jacksonville surgical error lawyer can help you make things right.
Who is Liable for a Surgical Error?
Surgeons and other healthcare professionals owe the highest duty of care to the patients they treat, and that duty is much greater than that of the average person. When a surgeon does not provide the high standard of care they owe to patients, and another surgeon would have acted differently, the surgeon can be held liable for paying damages for any loss the patient sustained.
Other medical professionals can also be held liable for a surgical error if they acted negligently. For example, it is not uncommon for surgical tools to be left inside patients during surgery. Sponges, in particular, are often left behind because they absorb blood and other bodily fluids and so, they are somewhat camouflaged when in a body cavity. Nurses and other healthcare professionals responsible for removing and counting the tools can be held liable in these instances.
When the negligent party was an employee of the hospital or surgical center, the facility can also be held liable for paying damages. Employers are typically responsible for the actions of their employees and so, when a medical professional employed by a facility is to blame, the facility can be held vicariously liable.
Injured by a Surgical Error? Get a Free Legal Consultation Today!
What Causes Surgical Errors?
While no one wants to think about it, surgical errors can happen for a number of reasons. The most common of these are as follows:
- Improper communication: Operating rooms are fast-paced, stressful environments. The medical team must be in constant communication with each other to ensure that a mistake does not occur.
- Fatigue: Surgeries can take over ten hours, leaving the medical team exhausted and mistakes more likely to occur. Still, surgeons and other medical staff must know how to combat fatigue so they do not make a careless mistake that could put someone’s life in danger.
- Insufficient knowledge: Not all medical professionals can provide every treatment and that holds true for surgeons, too. Surgeons who do not know how to perform certain procedures should refrain from doing so, and surgeons should also always stay up to date with recent advancements and developments in their field.
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Our Surgical Error Lawyer in Jacksonville Can Help You Claim Full Damages
If you have been hurt by a mistake made in the operating room, our Jacksonville surgical error lawyer at Freidin Brown, P.A. can provide the sound legal advice you need and help you obtain the full and fair compensation you are entitled to. Call us now or contact us online to schedule a free consultation.
Frequently Asked Questions About Surgical Error
Our firm can answer FAQs about surgical error cases in Jacksonville, including:
What should I do if I think a sponge, instrument, or other surgical item was left inside me after surgery in Jacksonville?
Request the operative report, count sheets, imaging studies, and all follow-up records immediately. A retained item case often turns on what the operating room team documented and when symptoms were first reported after surgery. A Jacksonville surgical error lawyer at Freidin Brown, P.A. can move quickly to preserve that evidence.
Can a Jacksonville surgical error claim involve the OR team, nurses, or the hospital, not just the surgeon?
Yes. A surgical malpractice case can involve the surgeon, assisting physicians, nurses, scrub techs, and the hospital or surgery center, depending on who handled the counts, documentation, positioning, and response to complications. The Jacksonville surgical error attorney at Freidin Brown, P.A. evaluates the role of every participant in the procedure.
Does signing a consent form prevent me from bringing a Jacksonville surgical error claim?
No. A consent form acknowledges known risks, but it does not excuse preventable negligence. A Jacksonville surgical error lawyer at Freidin Brown, P.A. looks at whether the harm came from an accepted surgical risk or from a mistake that should not have happened.
Can poor communication or staff fatigue during surgery support a malpractice case in Jacksonville?
Yes. Breakdowns in communication, handoff errors, fatigue, and failure to follow checklists can all contribute to preventable surgical injury. The Jacksonville surgical error attorney at Freidin Brown, P.A. reviews the timeline, staffing, and operating room records to determine whether those failures played a role.
