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Top Mistakes By Florida Neurosurgeons


Any Florida health care provider can make a mistake, but there are some specialty areas where allegations of negligence occur frequently. Neurosurgery is one of the most complicated, delicate procedures in all of medicine because it involves the intricate workings of the brain. A report from the National Institutes of Health (NIH) reveals that medical malpractice cases are common, as around 1 in 5 neurosurgeons are faced with claims. Losses for patients are extreme, with NIH figures showing that the average claim exceeds $439,000 – the highest recovery among all medical specialties.

Brain surgery is always a risky procedure, but there is a difference between acceptable levels of risk and outright mistakes that cause harm to the patient. In Florida, the definition of medical negligence is a departure from the applicable medical standard of care, which varies by specialty. A Miami doctor error attorney can explain in more detail, but some information on errors by neurosurgeons may be helpful if you suffered injuries.

 Common Mistakes with Neurosurgery 

A physician who does not meet the standard of care that applies to neurosurgeons can cause catastrophic, life-threatening harm to patients. The injuries range from permanent brain damage and paralysis to coma and death. Examples of errors in neurosurgery include:

  • Not carefully reviewing the patient’s chart
  • Incising into the wrong sector of the brain
  • Neglect in administering anesthesia
  • Failing to properly monitor heart rate, brain activity, and other vital signs
  • Not obtaining informed consent from the patient, which must be accompanied by an explanation of risks, details about alternatives, long-term complications, and other specifics
  • Slicing into brain tissue, blood vessels, or nerves adjacent to the area of the brain that is the subject of the procedure
  • Failure to identify and address swelling in the brain. 

Time Limitations in Medical Malpractice Claims

For claims based upon doctor errors with neurosurgery, Florida has imposed a statute of limitations of two years. The clock begins the date the negligent act took place, and the law serves as a bar on lawsuits in court. You will not qualify for compensation if the deadline expires. There is a discovery rule in Florida, which extends the statute of limitations to four years if you did not become aware of the error right away.

There are two additional points to keep in mind about the medical malpractice statute of limitations in Florida:

  1. The time period is different for children. Parents can file a lawsuit up until the child’s eighth birthday.
  2. In cases of fraud, such as concealment of the error, a patient has up to seven years after discovering the mistake. 

Discuss Doctor Errors with a Florida Medical Malpractice Lawyer

If you or a loved one was affected by a mistake with neurosurgery, legal representation is critical. Our team at Freidin Brown, P.A. is committed to fighting for injured patients, so please contact us to schedule a free consultation. A Florida doctor errors attorney will meet with you at our offices in Miami or Fort Myers, FL to review details.


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