How Duty of Care Applies to Surgical Error Cases in Boca Raton

When you go to a healthcare facility, you’re trusting that they will have your best interests at heart, and put your health and well-being in their hands. However, surgical procedures carry inherent risks, even when everything goes according to plan. When a preventable mistake occurs in the operating room, the consequences can be life-changing, potentially causing a permanent disability, prolonged recovery, or even death. 

If you or a loved one has suffered harm because of a surgical error, understanding the legal concept of duty of care is the first step toward holding negligent healthcare providers accountable.

What is Duty of Care?

Once a doctor-patient relationship is established, the physician has a legal duty to provide care that meets the applicable standard of care expected of a reasonably competent physician in the same specialty under similar circumstances. Nurses, specialists, and other healthcare professionals who participate in a patient's care each have their own duty to provide treatment that meets the applicable standard of care for their profession. 

Healthcare providers are expected to maintain the knowledge and skills necessary to practice safely, provide care that meets the applicable standard of care, communicate appropriate information about risks and treatment options, and monitor patients as their role and the circumstances require. This duty continues throughout the provider-patient relationship, whether it involves one emergency room visit or ongoing treatment. These duty of care standards include:

• Listening to your concerns
• Making accurate diagnoses
• Providing appropriate treatment
• Informing you of risks and alternatives
• Referring you to specialists when needed

Understanding Surgical Malpractice in Boca Raton

Surgery always involves some level of risk, and Florida law acknowledges that complications can happen even when care is appropriate. Even if you have a difficult recovery or unexpected complication, this doesn't necessarily mean a healthcare provider was negligent.  However, when a surgeon makes a preventable mistake or fails to take reasonable steps to protect the patient, medical professionals are all subject to Florida's medical malpractice statutes.

What Is Considered Surgical Malpractice Under Florida Law?

For a surgical error case to qualify as surgical malpractice in Florida, four specific legal elements must be established. These are:

1. A doctor-patient relationship was established, which means the healthcare provider has a legal duty of care to the patient.
2. The provider breached the standard of care through a reckless act, an error in judgment, or a failure to act.
3. The patient's injury was a direct result of the provider's actions or inactions.
4. The harm resulted in financial loss, physical pain, emotional distress, long-term disability, or death.

Each of these elements must be supported by medical evidence. In Florida medical malpractice cases, expert testimony is usually required to establish the applicable standard of care and whether it was breached.

What Are Common Surgical Errors?

Estimates from Johns Hopkins-affiliated research have suggested that surgical “never events” may occur thousands of times per year in the United States, though the exact number is uncertain due to underreporting and methodological limitations. Here are the most frequently documented surgical mistakes:

• Misdiagnosis or delayed diagnosis that results in delayed or incorrect treatment.
• Medication errors like prescribing the wrong medication, incorrect dosage, or failing to check for allergies that could result in serious reactions.
• Surgical errors such as working on the wrong part of the body, complications that could have been avoidable, or leaving surgical instruments inside the body.
• Failure to monitor patients especially during recovery, labor, or after administering anesthesia.
• Improper treatment including failure to follow accepted medical guidelines or using outdated practices.
• Birth-related injuries caused by delayed intervention or improper use of delivery instruments.
• Failure to obtain informed consent by not fully explaining the risks, alternatives, or potential outcomes of a treatment or procedure.
• Inadequate post-treatment or post-operative care that results in infections, delayed healing, or other preventable complications.
• Failure to refer a patient to a specialist when their condition requires advanced or specialized medical expertise.

What Are Your Rights After a Surgical Error?

Under Florida law, healthcare providers are required to deliver treatment that aligns with accepted medical standards, and a failure to do so may constitute negligence if it results in injury. Patients also have the right to be fully informed about their diagnosis, treatment options, and the risks and benefits of proposed procedures through the informed consent process, as well as the right to accept or refuse the recommended treatment. When these rights aren’t respected and a preventable surgical error happens, patients in Florida may have grounds to pursue a medical malpractice claim.

What Should You Do if You Suspect Surgical Negligence?

If you believe you or loved one has been harmed due to surgical negligence, here are steps you should take:

Seek Immediate Medical Attention 

First, seek medical attention from another provider if you're experiencing ongoing health issues. Your health and well-being should always come first.

Document Everything

Document everything you can remember about your treatment including dates, times, names, conversations with healthcare providers, symptoms, and how the injury has affected your life.

Request Your Medical Records

Request a copy of your medical records. You have a legal right to these documents, and they will be crucial evidence if you decide to pursue a surgical negligence claim.

Contact a Surgery Malpractice Attorney in Boca Raton

Surgical negligence cases are usually very complex, and expert medical testimony is required by Florida law to establish the applicable standard of care and show how it was breached. Kushel Law Group surgical malpractice attorneys will evaluate your case, explain what your options are, and protect your rights immediately. We have offices in Boca Raton, and also serve clients in Boynton Beach and Delray Beach. Contact us 24/7 for a free case evaluation by calling us at (561) 940-0100 or filling out our online form.

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FAQs

How do you file a medical negligence claim?

To file a medical negligence claim, you need to consult with a lawyer who specializes in surgical malpractice. Contact Kushel Law Group’s attorneys for a free case consultation.

How long does a medical negligence claim take?

The length of a medical negligence claim varies depending on the complexity of the case, the severity of the injuries, and whether the case is settled or goes to trial.

How is compensation determined in medical negligence cases?

Compensation for medical negligence cases depends on medical expenses, loss of income, pain and suffering, and any long-term care costs.

How are medical malpractice settlements paid out?

Medical malpractice settlements can be paid out in different forms depending on the terms agreed upon and the specifics of the claim. Payment options may include a lump-sum payment, structured settlements, or partial payments.

How long do patients have to make a medical negligence claim in Florida?

Medical negligence claims in Florida usually must be filed within two years of discovering the injury, and no more than four years from when the malpractice occurred. Limited exceptions may extend these deadlines in certain situations, such as fraud or cases involving minors.