Date Posted:

February 13, 2024

Post Author

Andres Beregovich


For many, the reality of failed surgery in the medical field is upsetting. What, though, is a botched surgery exactly? In a nutshell, it is a surgical treatment that, frequently due to a surgeon’s carelessness or mistakes, does not produce the desired results or causes unanticipated difficulties. Errors during surgery, ranging from anesthetics to standards of care, can have detrimental effects on patients’ physical and mental health.

What Leads To Botched Surgery?

A variety of situations might result in botched surgery, such as improper surgical technique, harm to adjacent tissues or organs, infections contracted during and after the procedure, and even the accidental leaving of surgical tools inside the patient’s body. Medical negligence can leave patients and their families dealing with long-term health issues, impairment, disfigurement or even death as a result of these mistakes.

Understanding Surgery Malpractice Laws

Florida’s surgical malpractice laws are based on maintaining patient safety and ensuring the medical community holds itself accountable. The standards of care that surgeons and other medical practitioners must adhere to when performing surgical procedures are outlined in code and through expert testimony. The standard of care is the degree of expertise, thoroughness, and attention to detail that a surgeon of reasonable competence would exhibit in a comparable situation. It includes several elements, including patient communication about possible risks and outcomes, surgical technique, postoperative care, and preoperative assessment.

A healthcare professional may be considered negligent and subject to legal action for medical malpractice if they violate the standard of care and cause injury to the patient by their acts or omissions. To establish surgical malpractice, one must show that the medical professional’s negligence directly resulted in the patient’s harm or unfavorable consequences. This entails obtaining medical records, speaking with expert witnesses, obtaining expert affidavits and proving the connection between the patient’s damage and the provider’s negligence.

It is noteworthy that surgical negligence situations can be intricate and challenging to handle. There are other procedural requirements in the legal process, such as meeting Florida’s presuit requirements under Florida Statute 766, submitting a formal complaint, meeting discovery deadlines, participating in pretrial procedures and ultimately trial. Furthermore, patients must obtain legal counsel as soon as possible since Florida law restricts the time they have to initiate a claim for medical negligence.

Time Limits For Filing A Medical Malpractice Lawsuit

Comprehending the statute of limitations, which sets the deadlines for bringing a medical negligence claim, is critical. The statute of limitations in Florida for cases involving medical malpractice is typically two years from the day the malpractice was allegedly committed or from the time it  was known or should have been known to the patient. To ensure your rights are safeguarded, you should speak with a knowledgeable medical malpractice lawyer as soon as possible. Nevertheless, there are subtleties and exceptions to these guidelines.

Do You Require A Surgical Malpractice Attorney?

It can be relatively difficult to navigate the legal nuances of a medical malpractice case if you or a loved one has suffered from a botched procedure. Having an experienced surgical malpractice lawyer on your side can help. A skilled lawyer with experience in medical malpractice cases can examine your case, compile supporting documentation, confer with medical professionals, and fight for you to get the money you are entitled to for your losses and injuries.

At Beregovich Law, we are aware of the terrible effects that poorly performed procedures may have on patients and their families. Andres Beregovich is available to offer knowledgeable legal advice and assistance at every stage. Don’t delay if you think you may have been a victim of surgical malpractice. For a free consultation to learn more about your legal options and how we can support your pursuit of justice and accountability, contact us today.