Though unusual, a growing number of patients suffer at the hands of surgeons when they perform the wrong surgery on the patient. These kinds of errors are completely avoidable and indefensible. Surgical operations should never begin without 100 percent confidence that the surgeon is undertaking the correct surgery on the intended person in the right place.
If you or a loved one has endured this kind of medical mistake, speaking to a Tarpon Springs wrong procedure lawyer could be the first step towards justice for the damages you have experienced. A seasoned surgical malpractice attorney could advise what your recovery possibilities are and how you could obtain a settlement or jury award for your resultant medical expenses, lost income, and pain and suffering, amongst other damages.
Why Wrong Procedures Happen
Although every hospital must follow standard pre-surgical protocols, surgery teams sometimes fail to observe them. Checklists exist to ensure that:
- Administration of anesthesia and on the correct patient in the right dosage
- Proper orientation of the patient in the surgical theatre
- The surgery site is correctly marked
- There is a break between the review of x-rays or diagnostic tests, medical records, and patient identification before incision
An experienced wrong procedures attorney in Tarpon Springs could investigate the precise cause of the mistake and work to craft a compelling case for damages against the party who failed to uphold their duty of care.
Medical Malpractice Lawsuit Pre-Suit Process in Tarpon Springs
Even though liability in a wrong procedure claim might seem like a foregone conclusion, there are several procedural steps that plaintiffs must complete before filing a lawsuit. Florida law sets several pre-suit requirements that have to be met to both encourage thorough investigation of a medical malpractice claim and settlement within filing deadline timeframe.
Serving Notice
A claimant must first serve notice of intent to file a medical malpractice suit on each possible defendant. The notice must include all health care providers the claimant has seen in the past two years, all health care providers accused of malpractice, and copies of medical records relied on by the plaintiff’s medical expert.
Then, the claimant waits a minimum of 90 days. During these three months, the health care provider can conduct their own pre-lawsuit investigation into the plaintiff’s case. Consequently, each defendant must respond with a rejection of liability, a settlement offer, or an offer to enter into arbitration. Arbitration is a form of alternative dispute resolution whereby a neutral third-party decides the matter of damages.
Submitting Affidavit of Medical Expert
Failing resolution, a plaintiff must submit their notice of intent to commence litigation and a critical piece of supporting evidence. This is an affidavit, or sworn statement, from an expert medical practitioner.
The expert must be qualified by relevant experience and training, meaning they must be in the same field of medicine as the surgeon(s) who committed the wrong procedure error. The affidavit must disclose the grounds for the plaintiff’s lawsuit in the expert’s written opinion.
A Tarpon Springs Wrong Procedure Attorney May Be Able to Help
While recuperating from a wrong procedure, you may be unable to focus on seeking financial recovery. The legal process for medical malpractice suits is complex and may be frustrating for people unfamiliar with it.
An attorney could help you understand how filing a claim could benefit you and what you may stand to gain from it. Call a Tarpon Springs wrong procedure lawyer today to learn more about your options.
