Fort Lauderdale Surgical Errors: Can You Sue for Medical Malpractice After a Botched Procedure?

Surgery always comes with risks—but when those risks are caused by negligence, the outcome can be devastating. Patients trust surgeons with their lives, expecting a certain standard of skill and care. Unfortunately, not all procedures go as planned, and in some cases, preventable mistakes lead to serious complications.

If you or a loved one suffered injuries due to a surgical error in Fort Lauderdale, you may be entitled to compensation through a medical malpractice claim. Understanding your rights and acting quickly is essential. A Fort Lauderdale medical malpractice lawyer can investigate what went wrong and help you pursue justice.

Not every surgical complication qualifies as malpractice. A surgical error becomes medical malpractice when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm to the patient.

Common examples of surgical errors that may lead to malpractice claims include:

• Wrong-site surgery
  • Operating on the wrong body part (e.g., wrong knee or eye)
• Wrong-patient surgery
  • Performing a procedure intended for someone else
• Leaving surgical instruments or sponges inside the body
• Accidental puncture or laceration of organs or blood vessels
• Improper anesthesia administration
  • Overdose, underdose, or failure to monitor oxygen levels
• Failure to monitor the patient post-op
  • Leading to infections, blood clots, or internal bleeding
• Operating under the influence or while fatigued
• Inadequate communication among the surgical team

These mistakes are often preventable and may be grounds for a legal claim.

When surgical errors occur, the physical and emotional toll can be immense. Victims may suffer:

• Severe internal bleeding or organ damage
• Permanent nerve damage or paralysis
• Infections that require additional surgery or hospitalization
• Disfigurement or scarring
• Amputation of the wrong limb
• Chronic pain or mobility issues
• Brain damage from oxygen deprivation
• Death

Some victims require multiple corrective surgeries, extensive rehabilitation, and long-term care—all of which may be recoverable in a malpractice claim.

To successfully file a medical malpractice lawsuit in Florida, you must prove:

• A doctor-patient relationship existed (the provider had a legal duty to treat you)
• The provider breached the standard of care
• That breach directly caused your injury
• You suffered measurable damages (physical, emotional, financial)

A Fort Lauderdale surgical malpractice lawyer can work with medical experts to review your procedure, determine whether a surgical mistake occurred, and build a case for compensation.

While any hospital or surgery center can experience malpractice, errors most frequently occur in:

• Hospitals and outpatient centers
• Ambulatory surgery centers
• Private surgical clinics
• Cosmetic or plastic surgery facilities
• Emergency rooms

Whether your injury happened at a large regional hospital or a small practice, the same standard of care applies.

If you suspect that you were injured due to a botched procedure or negligent surgery, it’s important to act quickly:

• Get a second opinion or follow-up medical care
  • Another provider can assess the damage and help correct complications
• Request your medical records
  • These documents provide insight into what went wrong and when
• Document your symptoms and progress
  • Take notes, photos, or videos showing how your condition has changed
• Avoid signing anything from the hospital or their insurer
  • They may offer a quick payout to limit their liability
• Speak with a Fort Lauderdale malpractice attorney
  • Legal guidance early on can protect your rights and prevent costly mistakes

If you’ve suffered from a surgical error caused by negligence, you may be entitled to recover damages such as:

• Medical expenses
  • Including corrective surgeries, hospital stays, therapy, and prescriptions
• Lost wages
  • Time away from work during recovery or permanent loss of income
• Pain and suffering
  • Physical pain, mental anguish, loss of quality of life
• Disfigurement or disability
  • Damages for scarring, disfigurement, or permanent impairment
• Loss of enjoyment of life
  • When hobbies, independence, or daily functions are impacted
• Wrongful death
  • If a family member passed away due to surgical malpractice, survivors may be entitled to additional compensation

Your attorney will calculate all forms of damages and ensure nothing is left off the table during negotiations.

How a Fort Lauderdale Medical Malpractice Lawyer Can Help

Medical malpractice cases in Florida are specialized and complex. They require expert testimony, detailed legal filings, and in-depth knowledge of state healthcare laws. A qualified attorney can:

• Review your case and consult with surgical experts
• File a pre-suit affidavit of merit, required under Florida law
• Handle negotiations with hospitals and insurers
• File a lawsuit if necessary and represent you in court
• Pursue full and fair compensation on your behalf

Without legal representation, you risk being undercompensated—or having your case dismissed altogether.

In Florida, you typically have two years from the date you discovered the injury (or reasonably should have discovered it) to file a malpractice lawsuit. In some cases, you may have up to four years from the date the malpractice occurred. There are shorter windows if the malpractice involves a state or government-run facility.

The longer you wait, the harder it may be to gather evidence or secure expert support—so contact a lawyer as soon as possible.

Since 1963, Jerome Wolfson, Esq. and the team at Wolfson & Leon have proudly represented medical malpractice victims across Florida:

• Miami
• Fort Lauderdale
• Orlando
• Tampa
• Jacksonville
• West Palm Beach
• Fort Myers
• Cape Coral
• Sarasota
• Clearwater
• Tallahassee

Let us help you get back on the road to recovery. Call (305) 285-1115 today, and our team will handle your case with the personal care and attention you deserve.