Florida Surgical Error & Malpractice Claims

Surgical Errors and Hospital Medical Malpractice in Florida

While surgical procedures carry inherent risks, catastrophic errors caused by surgeon fatigue, improper sterilization, or failure to follow pre-operative surgical checklists constitute actionable medical malpractice.

Common Retained Foreign Object and Surgical Mistakes

Operating room malpractice claims frequently center on preventable systematic breakdowns:

• Retained Surgical Sponges & Tools: Leaving gauze, clamps, or sponges inside the surgical site, causing severe internal infection.
• Wrong-Site Surgery: Operating on the wrong limb or organ due to failures during pre-surgery timeout protocols.
• Anesthesia Monitoring Failures: Inadequate oxygenation monitoring leading to hypoxic brain injury during sedation.

Strict Medical Pre-Suit Mandates

Florida medical malpractice claims require navigating complex pre-suit procedures under Fla. Stat. Chapter 766, including obtaining a sworn medical expert affidavit certifying that medical care fell below standard industry practice.

Under Fla. Stat. § 95.11, medical malpractice lawsuits must be filed within two years of discovering the injury.