Miami Surgical Error Malpractice Lawyer
Surgery is performed to improve a patient’s health, relieve pain, or address a serious medical condition. But when a surgeon, anesthesiologist, nurse, hospital, or other healthcare provider makes a preventable mistake, the consequences can be devastating. A surgical error can lead to additional surgery, permanent disability, infection, organ damage, prolonged hospitalization, or death.
At Sotolongo Law, we represent patients and families in Miami who have suffered harm because of surgical negligence. Medical malpractice is the firm’s primary focus, and Miami surgical error malpractice lawyer Pedro P. Sotolongo brings more than 20 years of experience to these complex cases. Before representing injured patients, he spent five years defending medical malpractice claims. That experience gave him firsthand knowledge of both medical malpractice law and the medicine underlying these cases.
That combination of legal and medical expertise matters. Every lawyer knows the law, but not every lawyer understands the medicine well enough to have meaningful conversations with surgeons, evaluate complicated medical records, and work effectively with medical experts. At Sotolongo Law, we believe both are essential when investigating a surgical error.
What Is a Surgical Error?
A surgical error is a mistake or failure in surgical care that may constitute medical negligence when it departs from the applicable professional standard of care and causes injury. Under Florida law, a patient must prove that a healthcare provider breached the prevailing professional standard of care and that the breach was a legal cause of the injury.
Not every complication following surgery is malpractice. Surgery carries inherent risks, and complications can occur even when appropriate care is provided. A poor outcome alone does not establish negligence. The important questions are what happened, what a reasonably prudent similar provider would have done, whether the provider’s conduct fell below that standard, and whether the conduct caused the injury.
Surgical Errors Can Occur Before, During, or After Surgery
Surgical negligence is not limited to mistakes made inside an operating room. Problems can arise before the procedure, during the operation, or during postoperative care.
Preoperative negligence can include failing to obtain an adequate medical history, overlooking an important condition, failing to order appropriate testing, failing to recognize a contraindication, or proceeding with surgery when additional evaluation was necessary.
During surgery, potential errors may include operating on the wrong patient or body part, performing the wrong procedure, damaging an organ or blood vessel, using an improper technique, leaving a foreign object inside the patient, or failing to respond appropriately to a developing complication.
Postoperative negligence can include inadequate monitoring or failure to recognize signs of bleeding, infection, respiratory problems, internal injuries, or other complications. A failure to recognize a serious condition or delay in treatment can sometimes turn a manageable complication into a life-threatening injury.
Common Surgical Errors in Miami
Surgical malpractice claims often involve serious mistakes like wrong-site or wrong-patient surgery, unnecessary surgery, retained surgical instruments or other foreign objects, improper surgical technique, damage to organs or blood vessels, anesthesia errors, inadequate monitoring, failure to control bleeding, failure to recognize complications, or inadequate postoperative treatment.
Communication among members of the surgical team can also matter. Surgeons, anesthesiologists, nurses, technicians, and other professionals may have different responsibilities. Determining what each person knew and when they knew it can help establish how an injury occurred.
In some cases, more than one provider or entity may have potential responsibility, including a surgeon, hospital, ambulatory surgical center, or anesthesia provider. Identifying the appropriate parties requires examination of the facts and the relationships among those involved.
Wrong-Site Surgery and Retained Surgical Objects
Performing surgery on the wrong body part or performing a procedure different from the one intended can cause significant harm. These errors may involve failures in preoperative verification, communication, documentation, or other safeguards designed to confirm the correct patient, procedure, and surgical site.
A surgical instrument, sponge, or other foreign object unintentionally left inside a patient can also cause serious problems, including pain, infection, inflammation, organ damage, and the need for another operation.
Surgical Infections and Postoperative Complications
Infection is a known risk of many surgical procedures. However, a serious postoperative infection may warrant investigation when there are concerns about the care provided before, during, or after surgery.
Potential issues can include negligent infection-control practices, sterilization, wound care, postoperative monitoring, and failure to recognize and promptly respond to warning signs. A serious infection may require additional surgery, intravenous antibiotics, intensive care, or prolonged hospitalization. In severe cases, it can cause permanent disability or death.
Determining whether an infection represents an unavoidable complication or negligent care requires medical analysis. That is one reason Sotolongo Law’s medical malpractice experience can be particularly valuable in these cases.
Plastic Surgery Errors in Miami
Miami is well known for cosmetic procedures, including liposuction, Brazilian butt lifts, breast procedures, tummy tucks, and other plastic and cosmetic surgeries. Patients undergoing elective procedures have the same right to appropriate medical care as patients undergoing surgery for illness or traumatic injury.
Cosmetic surgery malpractice claims typically involve improper surgical technique, inadequate preoperative evaluation, anesthesia errors, failure to monitor a patient, infection-control problems, or failure to recognize and treat complications.
For example, a patient who develops a serious infection following liposuction may require an investigation into the conditions surrounding the procedure and postoperative care. Questions may include whether appropriate infection-control practices were followed, whether warning signs were recognized, and whether treatment was provided promptly.
BBL procedures can also result in serious injuries when medical care is negligent. Determining whether an injury resulted from an inherent risk or negligent treatment requires examination of the procedure, medical records, provider conduct, and expert medical evidence.
Patients should not assume that a complication automatically means malpractice. They also should not assume that an injury following elective surgery is simply something they must accept. The circumstances deserve an objective medical and legal evaluation.
Proving a Surgical Malpractice Claim in Florida
Florida law generally requires a patient to establish that a healthcare provider breached the prevailing professional standard of care and that the breach caused the injury. The existence of an injury does not by itself establish negligence.
In a surgical case, expert testimony is necessary to explain what a reasonably prudent similar provider would have done and whether the defendant’s conduct departed from that standard. Causation is equally important. It is not enough to establish that a mistake occurred; the evidence must connect the mistake to the injury.
Florida’s Presuit Requirements
Florida imposes specific requirements before a medical malpractice lawsuit can be filed. Before sending a notice of intent to initiate litigation, the claimant must conduct a presuit investigation to determine whether reasonable grounds exist to believe that the prospective defendant was negligent and that the negligence caused injury.
The claimant must submit a verified written medical expert opinion corroborating reasonable grounds for the claim with the notice of intent. Florida law also requires the attorney filing the action to conduct a reasonable investigation supporting a good faith belief that negligence occurred, with the initial pleading containing a certificate of counsel reflecting that investigation.
After the presuit investigation, the claimant must provide each prospective defendant with notice of intent to initiate litigation. A lawsuit cannot be filed for 90 days after the notice is delivered, allowing the prospective defendant or insurer to investigate and respond.
Why Medical Knowledge Matters in Surgical Error Cases
Surgical malpractice cases can involve highly technical disagreements between medical professionals. A defense may argue that a complication was a known risk, that the procedure was performed appropriately, or that an underlying medical condition caused the injury.
Pedro P. Sotolongo’s background provides valuable perspective when those issues arise. His five years defending medical malpractice claims gave him firsthand experience analyzing cases from the defense side. More than two decades of medical malpractice experience have further developed his understanding of the medical and legal issues involved in these disputes.
At Sotolongo Law, we believe clients benefit from having an attorney who can understand both what the medical records say and what they mean. That knowledge can be particularly important when communicating with surgeons and other physicians and when working with experts to prepare a case for litigation.
A Boutique Miami Law Firm Prepared to Take on Powerful Defendants
Sotolongo Law is a boutique personal injury firm that provides personal, caring attention while remaining prepared to take on major insurers, hospital chains, and other powerful defendants.
We understand that patients and families dealing with surgical injuries may be facing additional treatment, lost income, financial pressure, and uncertainty about the future. We take the time to listen, understand what happened, explain the legal process, and prepare each case carefully.
We are also proud to serve Spanish-speaking communities throughout Miami, including Cuban, Venezuelan, Nicaraguan, and Argentinian communities.
Frequently Asked Questions About Surgical Errors
Does a surgical complication mean medical malpractice occurred?
No. Surgery involves inherent risks, and complications can occur even when appropriate care is provided. A malpractice claim requires evidence that the provider breached the applicable standard of care and that the breach caused the patient’s injury.
Do I have a surgical malpractice claim if I needed a revision surgery?
Possibly. A second surgery can be necessary because of an unavoidable complication, but it can also result from negligent surgical or postoperative care. Medical records and expert evaluation may be needed to determine why the additional procedure became necessary.
What if I developed an infection after surgery?
An infection does not automatically establish negligence. However, the circumstances may warrant investigation if there are concerns about infection-control practices, wound care, monitoring, or delayed diagnosis and treatment.
Can I bring a claim for a botched cosmetic surgery procedure in Miami?
Yes. Cosmetic surgery providers must meet the applicable professional standard of care. If negligent treatment during liposuction, a BBL, breast surgery, or another cosmetic procedure causes injury, the circumstances may support a medical malpractice claim.
How long do I have to bring a surgical malpractice claim in Florida?
Florida imposes specific deadlines and presuit requirements on medical malpractice claims, generally ranging from two to four years, depending on the circumstances. Because the deadline can vary based on the specific situation, a potential claim should be evaluated promptly.
Contact a Miami Surgical Error Lawyer Today
A surgical injury can affect your health, finances, employment, and quality of life. If you believe a surgeon, hospital, anesthesiologist, nurse, or another healthcare provider may have caused your injury through negligent care, the circumstances deserve a careful medical and legal evaluation.
At Sotolongo Law, we bring more than 20 years of medical malpractice experience to surgical error cases, including five years representing the defense. We understand the law, the medicine, and the strategies that hospitals, insurers, and defense attorneys may use when a serious surgical injury becomes the subject of a claim.
Contact Sotolongo Law for a free consultation about a potential surgical malpractice claim in Miami. We will listen to what happened, examine the circumstances, and explain your potential options. There is no attorney’s fee unless we obtain a recovery for you. When you need a Miami surgical error lawyer who understands both the law and the medicine, contact Sotolongo Law. Because We Care®.