Tampa Surgical Error Lawyer
Surgical errors are an unfortunate reality in healthcare, often leading to severe or long-lasting consequences. Patients who undergo surgery in Tampa have reasonable expectations of safe procedures and successful outcomes. Surgeons and other medical professionals, however, sometimes make mistakes that cause harm to their patients.
If you or a loved one suffered harm due to a surgical error in Tampa, you could have the right to significant financial compensation. The surgeon, the medical facility, or others who took part in your treatment may owe you for your incurred damages.
To explore your legal options and seek maximum compensation for your harm, you’ll want your case in the hands of relentless and experienced Tampa surgical error lawyers.
That’s where Fernandez Firm Accident Injury Attorneys comes in. Our record of successfully tackling surgical error cases reflects our commitment to fight tirelessly for victims of surgical errors. Reach out to us today for a free case evaluation.
Why Choose Fernandez Firm Accident Injury Attorneys?
Fernandez Firm Accident Injury Attorneys is one of the leading law firms in Tampa that handles surgical error cases. With a dedicated team of experienced attorneys, our firm has a history of successfully representing victims of medical malpractice, including those who suffer surgical errors.
We have years of experience dealing with complex legal matters and have earned a reputation for our dedication to fighting for fair compensation on our clients’ behalf.
Our success lies in our ability to secure considerable compensation for victims of surgical errors. Over the years, we have recovered millions of dollars in damages for victims for lost earnings, physical and emotional distress, ongoing medical expenses, and more.
Surgical Error Compensation in Tampa
According to a study in the National Library of Medicine, surgical errors represent inadvertent but avoidable injuries occurring in the perioperative phase, preventable by adhering to procedure-specific training.
Several forms of surgical errors can lead to legal compensation claims, including:
- Operating on the incorrect patient.
- Performing surgery on the wrong anatomical site, such as the left leg instead of the required right leg.
- Leaving foreign objects, such as surgical instruments or towels, inside the body post-procedure.
- Labeling surgical specimens incorrectly.
- Failing to provide adequate post-surgery monitoring during the acute phase.
- Making errors involving excessive or inadequate anesthesia administration.
If you experienced a surgical error in Tampa, we can explain your rights, including the right to pursue compensation for your injuries. The legal system acknowledges that such errors can result in substantial harm, and those responsible should be liable for their actions.
At Fernandez Firm Accident Injury Attorneys, we rigorously work to identify liable parties and estimate potential compensation. We delve into the specifics of each case, reviewing medical records, consulting with medical experts, and assessing the overall effect of the error on your life.
We can recover the full compensation you deserve. Damages you can seek compensation for after a surgical error include medical expenses, loss of income, loss of earning capacity, physical pain and suffering, emotional distress, and loss of enjoyment of life.
Battling Insurance Companies After a Surgical Error
Florida law requires healthcare providers to obtain and maintain medical malpractice insurance coverage of at least $100,000 per incident or aggregate coverage of at least $300,000. As part of their duty as hospital staff, surgeons must obtain and maintain a policy with coverage of at least $250,000 per incident and annual aggregate coverage of at least $750,000.
As the Insurance Information Institute explains, medical malpractice insurance is a specialized type of professional liability insurance that covers patients’ financial and psychological expenses resulting from the provider’s negligence and the negligence of employees under their supervision.
When you file a claim against a healthcare provider following a surgical error, the insurance company that services their medical malpractice insurance policy will assign that claim to a claims adjuster.
A claims adjuster wants to prevent the company from paying too much for insurance claims.
To do this, they investigate the claim to determine:
- Does the policy relating to the claim provide coverage for this type of incident?
- Is the insured liable for the injury that the claimant suffered?
- How much does the insurance company owe as a result of the insured’s liability?
Dealing with insurance companies after a surgical error can be challenging. They often try to minimize claims or deny liability altogether. This is where our firm steps in.
At Fernandez Firm Accident Injury Attorneys, we know how to handle insurance companies. Our lawyers negotiate the best possible outcomes for our clients and won’t hesitate to take the case to court if necessary.
The Services a Tampa Surgical Error Lawyer Can Provide
Medical malpractice is one of the more complex legal areas. These cases are often difficult to prove, as the witnesses to the error are usually colleagues and friends of the surgeon or of the other staff member who made the error.
Descriptions of what happened are also typically scarce. If the medical malpractice insurance provider fails to settle the claim, medical malpractice lawsuits require more formal requirements than other personal injury cases.
An experienced surgical error lawyer and their legal team can fight to secure the highest amount of compensation available for your claim.
The services they can provide include:
- Determining the source of liability and the insurance resources the liable party holds: Most Tampa healthcare facilities will provide a medical malpractice policy for their employees, such as nurses, janitorial workers, or administrative staff. Surgeons, however, typically contract with hospitals and must provide their policy to cover their liability and the actions of staff directly under their supervision during surgical procedures.
- Valuing the claim: This will depend on factors such as the insurance coverage available, the severity of the injury you incurred due to the error, any resultant permanent injuries, and even the level of negligence the provider exhibited that led to the error.
- Filing your demand with the at-fault provider’s insurer and handling communication with the claims adjuster: A lawyer will also protect the value of your case from tactics these adjusters often use to devalue claims. For medical malpractice claims, Florida law requires you to file a Notice of Intent to Initiate Litigation before starting a lawsuit, and this begins an investigation period in which the claims adjuster will evaluate the case. An affidavit of merit, which is a statement from a qualified healthcare professional who has reviewed the details of the case and has found the claim of medical negligence to have merit, must accompany a filed lawsuit.
- Ensuring the filing of your lawsuit before the statute of limitations expires: According to the Florida Bar Association, the statute of limitations in medical malpractice claims is two years from the date on which the error occurred. If there is a delay in the patient’s discovery of the injury, they have up to four years after the error to file a claim and up to seven years if the provider committed fraud or intentional misrepresentation. Your attorney will determine which deadline applies to your case and manage the timing of your claim to protect your right to seek compensation through the court system if necessary.
- Collecting your compensation: Surgical error lawyers, like other types of personal injury lawyers, commonly work on a contingent fee basis. This means it costs you nothing upfront to hire an attorney to handle your case. Instead of paying for services by the hour, you enter an agreement with your attorney that designates a percentage of the compensation they receive on your behalf to go to your legal team. Your attorney will receive your award, deduct their payment, and settle any medical liens that healthcare providers and insurers—who were responsible for your care after the error occurred—placed on the award.
Steps to Take After a Surgical Error
The Agency for Healthcare Research and Quality lists many types of surgical errors as never events, meaning that they are particularly shocking errors that should never occur. These events, however, can and do occur, with the average hospital having a never event happen every five to ten years.
Surgical errors devastate patients. The Joint Commission indicates that 71 percent of reported never events are fatal. Around 4,000 never events occur each year in U.S. hospitals and other healthcare facilities.
If a surgical error caused your injury, obtaining prompt treatment to repair the error is crucial. It is essential to follow your medical team’s treatment plan to improve your chances of healing from the physical injuries you incurred.
The second most important thing to do after you have suffered an injury due to a surgical error in Tampa is to attend a free case evaluation with an experienced surgical error lawyer from Fernandez Firm. You can discuss your case with our attorneys, obtain answers to the legal questions you have concerning the case, and learn more about the medical malpractice claims process.
If you have documentation regarding the error that occurred or the treatment you received as a result of the error, bring this information to your lawyer so they can evaluate it. If you do not have this information, your legal team can gather the necessary documentation.
Many surgical error claimants also find it helpful to maintain a journal where they can record the frequency of their injury-related medical appointments, their day-to-day pain levels, and even the frustrations and inconveniences they experience due to the injury.
If you have lost a loved one due to a medical error, a surgical error lawyer from Fernandez Firm can handle a wrongful death claim on your behalf to obtain compensation for the financial and psychological consequences of your loss.
Contact Fernandez Firm Accident Injury Attorneys Today
If you are the victim of a surgical error, we encourage you to contact Fernandez Firm Accident Injury Attorneys today. We strive to protect your rights, ensuring you obtain the justice and compensation you deserve. Don’t endure your suffering quietly or attempt to navigate this intricate process alone.
Call us today at (813) 278-1032 or complete our online contact form.
The Fernandez Firm – Tampa Office
2503 W Swann Ave #100,
Tampa, FL 33609
Phone: (813) 278-1032