Experiencing a botched surgery can be devastating, leading not only to physical and emotional pain but also to increased medical expenses and lost wages. The positive news: In certain circumstances, you may sue the negligent doctor or other healthcare professional and recover compensation to help you move forward from your injury.
At DWK Law, our Orlando medical malpractice attorneys specialize in guiding patients through the complexities of medical malpractice claims related to surgical errors. This guide will help you understand when and how to pursue legal action for a surgery that didn’t go as planned.
What constitutes a ‘botched’ surgery?
In legal terms, a botched surgery involves cases where a surgeon’s negligence leads to a poor outcome. This could include:
- Performing surgery on the wrong body part.
- Leaving surgical instruments or materials inside a patient.
- Negligent surgical technique leading to complications or unnecessary harm.
- Failure to recognize and properly address complications during surgery.
- Lack of informed consent regarding the risks and alternatives associated with the surgery.
Florida’s medical malpractice laws
Under Florida law, specifically Florida Statutes § 766.102, patients have the right to file a lawsuit if they believe their surgeon failed to provide care consistent with the generally accepted standard of practice in the medical community. To succeed in a medical malpractice lawsuit for botched surgery, the following must be proven:
- Duty of care: Establish that there was a doctor-patient relationship, which automatically implies a duty of care.
- Breach of duty: Demonstrate that the surgeon breached the standard of care that a competent surgeon would have upheld under similar circumstances.
- Causation: Link the breach directly to the harm suffered. It must be proven by the greater weight of the evidence that the botched surgery caused your injuries or complications.
- Damages: Show that you suffered actual damages from the surgery, including additional medical bills, physical pain, emotional distress, lost wages, or diminished quality of life.
Steps to take if you suspect your surgery was botched
1. Seek a second medical opinion
Before pursuing legal action, it’s crucial to consult with another medical professional to assess whether the outcome of your surgery might indeed be due to malpractice.
2. Document everything
Keep detailed records of all medical appointments, treatments, communications, and any out-of-pocket expenses incurred due to the surgery. This documentation will be vital in building your case.
3. Consult with a medical malpractice lawyer
Engaging with an experienced medical malpractice lawyer is critical. At DWK Law, we provide:
- Initial consultation to review the facts of your case and determine if you have a viable claim.
- Expert witnesses who can testify about the standard of care expected and how it was breached.
- Comprehensive legal support through every step of your lawsuit, from filing the claim to negotiating settlements or representing you in court.
Why choose DWK Law for your botched surgery claim?
Expertise and compassion
At DWK Law, we combine deep legal expertise with a compassionate approach to client service. We understand the physical and emotional toll a botched surgery can take, and we are dedicated to making the legal process as smooth and successful as possible for you.
Proven track record
With a robust track record of securing favorable outcomes for our clients, our team is prepared to tackle challenging medical malpractice cases and advocate tirelessly on your behalf.
Suspect a botched surgery? We can help.
If you believe you’ve been the victim of a botched surgery, you may have grounds to sue for medical malpractice. However, these cases are complex and require a thorough understanding of both medical and legal issues. With DWK Law by your side, you can pursue the justice and compensation you deserve. Contact us today to discuss your case and learn more about how we can help you navigate this challenging journey.
