
Suffered nerve damage from back surgery in Florida? Learn about orthopedic malpractice rules.
Spinal Cord and Orthopedic Surgery Errors in Florida
Orthopedic and spinal surgeries (such as spinal fusions, laminectomies, and joint replacements) require extraordinary surgical precision. Operating on the wrong spinal level, misplacing pedicle screws, or severing peripheral nerves can result in permanent nerve damage, chronic pain, or paralysis.
Severe Surgical Missteps
Orthopedic surgical malpractice claims frequently involve specific operational failures:
1.Wrong-Site or Wrong-Level Surgery:Fla. Stat. § 766.102.
Failing to perform mandatory intraoperative X-ray verification, resulting in surgery on the wrong spinal vertebra.
2.Hardware Misplacement:Surgical Execution.
Improperly driving surgical screws or cages into spinal nerve roots or the spinal canal.
3.Unaddressed Infections or Hematomas:Post-Op Care.
Failing to diagnose surgical site infections or spinal epidural hematomas causing nerve compression.
Preserving Rights Under Florida Presuit Rules
Before filing a surgical malpractice lawsuit, claimants must undergo the mandatory pre-suit screening process (Fla. Stat. § 766.106), including obtaining an expert medical affidavit from a board-certified orthopedic or neurological surgeon.
Under Fla. Stat. § 95.11, the lawsuit deadline is two years from when the surgical injury was discovered.
Mariel Tollinchi, Esq.
Managing Partner at Tollinchi Law
With years of experience fighting for injury victims across Florida, Mariel is dedicated to helping families get the compensation they deserve.
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