Miami Postoperative Medical Malpractice Attorney
For many people, the most frightening aspect of learning that they need surgery is not the severity of their injury or illness. Instead, they fear the surgical procedure itself and everything related to surgery, including their postoperative care. Unfortunately, these fears are far from unfounded. A successful surgery does not guarantee that a patient is out of the woods, given that almost one in three surgical patients suffers a postoperative complication, according to research published by the National Library of Medicine.
Not all postoperative complications are preventable; however, when patients are harmed due to negligent monitoring and care, their injuries may amount to medical malpractice. If you or a loved one recently suffered from an infection, deep vein thrombosis, hemorrhaging, or other serious medical condition following a surgical procedure, you may be the victim of medical malpractice. As such, you could be entitled to bring a medical malpractice claim against the healthcare facility and healthcare professional(s) whose negligence caused your injuries and recover damages for your pain, suffering, medical expenses, lost income and other damages. It is, however, important to get professional legal assistance as soon as possible.
The Miami medical malpractice attorneys of Boyers Law Group have over twenty-five years of successful experience helping Florida families win a variety of medical malpractice cases. We have achieved millions of dollars in compensation for the seriously injured patients we have had the privilege of representing and want to put our experience, legal expertise and resources to work for you. We believe that negligent doctors and other healthcare providers should be held accountable for the harm they inflict on patients and their families.
Call us as soon as possible at 305-512-7600 or submit the “Tell Us What Happened” form on our website so we can help you get the justice and full, fair compensation you deserve.
What Common Postoperative Errors Could Be Considered Medical Malpractice in Florida?
Thanks to advances in science, technology, and medicine over the last century, surgical procedures are commonplace. The complexity of a surgical procedure can vary widely; however, one thing that all surgical procedures have in common is the need for postoperative care to ensure that the surgical site is healing properly, the patient is recovering from the surgery and the patient is being carefully monitored to avoid postoperative injuries.
An error made during the crucial period following a surgical procedure can have life-threatening consequences. It is, therefore, unfortunate that the following types of errors are not uncommon:
- Failing to properly monitor your vitals, such as respiration and pulse
- Failing to keep the post-operative environment sterile
- Improperly dispensing medication
- Failing to recognize and/or treat infection
- Failing to provide follow-up instructions
- Disregarding or otherwise not abiding by follow-up instructions
- Failing to routinely change your bandages
- Failing to keep the surgical site clean
- Failing to recognize signs of an allergic reaction
- Failing to diagnose and/or treat internal bleeding
- Failing to recognize the signs of a blood clot
- Failing to recognize or respond quickly to cardiac arrest or stroke
- Prematurely discharging a patient from the hospital or clinic
If you or a loved on has been injured because your postoperative care was negligent, it is important to discuss your case with a qualified Florida medical malpractice attorney. The experienced medical malpractice lawyers at Boyers Law Group can help you hold the negligent healthcare providers accountable and help you obtain the full, fair compensation you deserve for your losses, pain and suffering.
What Types of Injuries Occur Because of Negligent Postoperative Care?
When a postoperative care error occurs because of negligence, a patient may suffer additional injury and/or an exacerbation of existing injuries. These injuries include:
- Infection. According to the Journal of American Medical Association (JAMA), up to three percent of patients undergoing surgery will experience infection at, or adjacent to, the surgical incision site. Left untreated, or treated improperly, an infection can spread and lead to life-threatening conditions.
- Sepsis. Your body is already vulnerable and weak after surgery. A relatively minor infection, if left untreated, can progress to sepsis, a generalized bacterial infection that enters and spreads through your bloodstream. Sepsis can be life-threatening, leading to multiple organ failure, if not recognized and treated successfully.
- Deep Vein Thrombosis. A blood clot that forms deep in a vein, usually in the thigh or calf, is referred to as deep vein thrombosis. Just over seven percent of patients undergoing orthopedic surgery will end up with deep vein thrombosis. If a blood clot is not diagnosed and treated, the clot can break free and cause a potentially fatal pulmonary embolism or heart failure.
- Pulmonary problems. Inhaling blood, water, or food can cause problems in your lungs, as can failing to properly breathe deeply following surgery. If your recovery following surgery is not monitored closely, these problems can develop.
- Shock. If your blood pressure drops dangerously low, you could go into shock from a severe reduction of blood flow throughout your body. If not addressed quickly, your cells and organs can be deprived of the oxygen and nutrients necessary to function properly. Serious damage to your vital organs can then occur.
- Hemorrhaging. Bleeding is to be expected during a surgical procedure; however, when the bleeding after surgery is excessive, the hemorrhaging can be life-threatening if not stopped.
- Allergic reactions to anesthesia. Although allergic reactions to anesthesia are rare, when an allergic reaction does occur, it is a serious event, causing anything from lightheadedness or rash to anaphylaxis or liver toxicity.
- Urinary retention. Anesthesia used during surgery can affect your bladder, leading to urinary retention. If not properly addressed and drained, urinary retention can cause chronic kidney disease or kidney failure.
If you or a family member has suffered one of these or another type of serious postoperative injury, an experienced Florida medical malpractice attorney can investigate and help you understand what caused your injury, as well as how you can hold the responsible parties accountable for the damages they have caused. Call Boyers Law Group at 305-512-7600 or submit the “Tell Us What Happened” form on our website to talk with a trusted Miami medical malpractice attorney today.
When Is a Postoperative Error Medical Malpractice in Florida?
When a postoperative error or negligent care injures a patient, it may be considered medical malpractice. Consequently, the healthcare provider(s) who were negligent and committed the error may be held legally liable for the physical, financial, and emotional injuries suffered by the patient in a Florida medical malpractice lawsuit.
To prevail in a Florida medical malpractice lawsuit, an injured patient or surviving family member of a fatally injured patient must prove that a healthcare professional (or several healthcare professionals) breached the applicable standard of care and that breach caused or contributed to the patient’s injuries. In the State of Florida, the standard of care for doctors and other healthcare professionals, including hospitals, can be found in Florida Statute 766.102(1). The statute defines the standard as “that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.” In layman’s terms, this means that you must prove that given the same circumstances, another doctor/healthcare professional who had the same education and training would not have made the same error.
What Is the Statute of Limitations for a Florida Postoperative Medical Malpractice Claim?
If you believe that you, or a family member, were the victim of a postoperative error, you need to be aware of the two-year statute of limitations in the State of Florida. A statute of limitations sets a deadline before which an injured victim must initiate legal action. In this case, Florida Statute Section 95.11 requires you to file a lawsuit within two years of “the time the incident giving rise to the action occurred or within two years from the time the incident is discovered or should have been discovered with the exercise of due diligence.” Equally important is Florida’s statute of repose that provides for a maximum filing deadline of four years from the date of the incident or occurrence, except in an action brought on behalf of a minor on or before the child’s eighth birthday.
The experienced Florida medical malpractice attorneys at Boyers Law Group will help you understand the law and how it applies to your case. If a healthcare professional’s substandard care injured you or a loved one, we will thoroughly investigate what happened and who was responsible, amass the evidence to clearly demonstrate medical negligence and file your medical malpractice claim well within the time period permitted under Florida law.
What Compensation Am I Entitled to in a Florida Postoperative Medical Malpractice Lawsuit?
The amount of compensation you can receive in a Florida medical malpractice lawsuit depends on a number of factors, including the seriousness of your injuries and their effects on your physical, mental and social well-being. In general, however, victims of postoperative errors and negligence are entitled to both economic and non-economic damages, including compensation for:
- Medical expenses. Medical expenses incurred or expected to be incurred in the future for doctors, specialists, medication, additional surgery, hospital stays and specialized medical equipment.
- Lost wages. The value of lost wages or income to date, as well as income likely to be lost in the future because of your inability to work or to work in the same capacity you did before the postoperative error injuries.
- Rehabilitation and therapy. The expenses related to rehabilitation, as well as physical, occupational, and speech therapy, if needed.
- Psychological counseling. If you suffered emotional trauma because of your injuries, you may be entitled to the cost of psychological counseling or therapy.
- Pain and suffering. The value of subjective damages for things such as emotional and physical pain, scarring, and disfigurement.
- Your family’s losses. The value of your family’s loss of companionship, guidance and support because of your postoperative care injuries.
- Other damages recoverable under Florida law.
If you lost a parent or child due to a fatal postoperative error, you may also be entitled to compensation as a claimant in a Florida wrongful death lawsuit. The Boyers Law Group attorneys will assess all of the damages you have suffered and may suffer in the future and work tirelessly to help you obtain the full, fair compensation you deserve.
Why You Need an Experienced Miami Postoperative Medical Malpractice Attorney
If you or a family member were injured because of substandard postoperative care, the at-fault party (or parties) should be held accountable, and you deserve to be fully compensated for all your injuries. To achieve these goals, you need an experienced Miami postoperative medical malpractice attorney protecting your rights and fighting for justice.
Medical malpractice cases can be very difficult to litigate because both the law and the facts are typically complex in nature. The Miami postoperative medical malpractice attorneys at Boyers Law Group not only understand this complicated area of the law, they have more than twenty-five years of successful experience helping injured clients get the settlements and awards they deserve and are devoted to identifying negligent healthcare professionals and making sure victims are fully and fairly compensated for all the injuries they suffer.
We feel a deep sense of responsibility to each client because we know that if you come to us for help, you have been seriously injured because of negligence on the part of a trusted healthcare professional. You deserve answers to your questions, as well as the maximum compensation allowable under the law.
Please call us at 305-512-7600 or submit the “Tell Us What Happened” form on our website to get expert advice and the help you need during this difficult time from our experienced Miami medical malpractice attorneys.