Palm Beach Gardens Surgical Error Lawyer

Surgical procedures require precision, expertise, and a commitment to patient safety. Unfortunately, even highly trained surgeons and medical professionals can make errors that lead to severe consequences. When a preventable mistake occurs during surgery, the results can be catastrophic, affecting a patient’s health, financial stability, and overall quality of life. Our Palm Beach Gardens surgical error lawyers are here to provide the legal support you need.

If you or a loved one has suffered due to a surgical error in Palm Beach Gardens, you may have the right to seek legal action against the negligent medical professional or hospital. Medical malpractice cases are complex, requiring extensive legal knowledge, medical expertise, and a strong strategy to prove liability.

At Rafferty Domnick Cunningham & Yaffa, we are dedicated to holding negligent surgeons, hospitals, and medical staff accountable for the harm they cause. Our experienced legal team has represented victims of surgical malpractice throughout Florida, securing substantial settlements and verdicts for those affected by medical negligence.

When facing a medical malpractice claim, having a knowledgeable, aggressive, and compassionate legal team on your side can make all the difference. We offer free case evaluations to help you understand your rights and explore your legal options.

Why Choose Rafferty Domnick Cunningham & Yaffa for Your Surgical Malpractice Case?

Decades of Experience Handling Complex Medical Malpractice Cases
Surgical error claims are among the most challenging types of medical malpractice lawsuits. Hospitals and their insurance companies have significant resources to fight back against claims, often trying to minimize the victim’s suffering or deny responsibility altogether. Our attorneys have spent decades handling high-stakes medical malpractice cases, giving us the experience and insight necessary to build strong legal arguments and counter the defense’s tactics.

Proven Track Record of Winning Large Settlements and Verdicts
We have successfully recovered millions of dollars for victims of medical negligence. Our team understands the long-term financial and emotional toll that a surgical error can cause, and we work relentlessly to ensure our clients receive the full compensation they deserve.

Personalized Attention and Client-Centered Legal Representation
We believe that every client deserves personalized legal attention. When you work with us, you are not just another case file—you are a person who has suffered harm due to someone else’s negligence. We take the time to listen to your story, understand your concerns, and tailor our legal strategy to your specific circumstances.

Aggressive Representation Against Hospitals and Insurance Companies
Many hospitals and healthcare providers have teams of defense lawyers whose job is to minimize their liability in medical malpractice claims. Our attorneys do not back down in the face of corporate legal teams. We fight aggressively to hold negligent parties accountable, whether that means negotiating a fair settlement or taking the case to trial.

No Fees Unless We Win – You Pay Nothing Upfront
We operate on a contingency fee basis, meaning you don’t pay us unless we win your case. We believe that financial concerns should never prevent a victim from seeking justice, and our fee structure ensures that you can afford top-tier legal representation without any upfront costs.

Understanding Surgical Errors & Medical Negligence

What Qualifies as a Surgical Error?

Surgical errors go beyond ordinary risks and complications that come with any medical procedure. These are preventable mistakes that occur due to negligence, miscommunication, or failure to follow standard medical protocols. Unlike complications that arise naturally from surgery, errors are avoidable and result from substandard medical care.

Common Types of Surgical Errors in Florida

There are many different types of surgical mistakes that can lead to severe, long-term harm for patients. Some of the most frequently seen surgical errors include:

1. Wrong-site surgery – Performing surgery on the incorrect body part or patient due to misidentification or failure to verify pre-surgical procedures.
2. Performing the wrong procedure – A surgeon conducting an operation that was not needed or intended for the patient.
3. Anesthesia errors – Administering too much or too little anesthesia, leading to complications such as brain damage or even death.
4. Foreign objects left inside the body – Surgical tools, sponges, or instruments mistakenly left inside a patient’s body, leading to infections or additional surgeries.
5. Nerve damage – Surgical mistakes that result in permanent nerve injuries, affecting movement, sensation, or organ function.
6. Post-surgical infections – Negligence that leads to severe infections, sepsis, or other life-threatening conditions.
7. Failure to recognize complications – A surgeon or medical team ignoring signs of distress or post-operative complications, leading to avoidable harm.

If you or a loved one has suffered due to a botched surgery in Palm Beach Gardens, Rafferty Domnick Cunningham & Yaffa is here to help. Our attorneys will review your case and determine if you have grounds for a medical malpractice lawsuit.

Do I Have a Surgical Malpractice Case?

Not every poor surgical outcome qualifies as malpractice. For a case to be legally viable, you must prove that a healthcare professional’s negligence directly caused your injuries.

Four Essential Elements of a Surgical Malpractice Claim

1. Duty of Care – The surgeon and medical team had a legal obligation to provide competent and appropriate treatment.
2. Breach of Duty – The surgeon deviated from accepted medical standards, causing a preventable error.
3. Causation – The surgical mistake directly resulted in harm or worsened the patient’s condition.
4. Damages – The patient suffered financial, physical, and/or emotional damages as a result of the error.

Proving negligence in surgical error cases often requires expert medical testimony, thorough review of surgical records, and in-depth investigations. Our team works with top medical professionals to demonstrate liability and establish the full extent of your damages.

Compensation for Surgical Errors in Florida

Victims of surgical errors are often left with serious injuries, ongoing medical costs, and emotional trauma. Florida law allows victims to seek compensation for economic and non-economic damages.

What Can You Recover in a Surgical Malpractice Lawsuit?

1. Medical Expenses – Past and future treatment costs, including additional surgeries, rehabilitation, medications, and specialized care.
2. Lost Wages – Compensation for time missed from work and any long-term reduction in earning capacity.
3. Pain and Suffering – Compensation for physical pain, emotional trauma, and decreased quality of life.
4. Loss of Consortium – Compensation for spouses or family members who suffer due to their loved one’s injury.
5. Wrongful Death Damages – If a surgical error results in death, families may pursue a wrongful death claim for funeral costs, loss of companionship, and financial support.

Our Palm Beach Gardens surgical error lawyers fight aggressively to ensure you receive the maximum compensation possible.

Steps in Filing a Surgical Malpractice Claim

1. Seek Medical Attention and Document Your Injuries
   If you suspect a surgical error, seek immediate medical care to prevent further harm. Keep records of all treatments, symptoms, and medical expenses to support your case.
   Obtain Copies of Your Medical Records
   Request medical records, including surgical reports, discharge summaries, and follow-up care notes. These documents provide essential evidence of negligence.
2. Consult a Surgical Malpractice Attorney
   An experienced attorney will review your case, explain your legal options, and determine whether you have a valid claim. At Rafferty Domnick Cunningham & Yaffa, we offer free consultations.
3. Investigate and Gather Evidence
   Your legal team will work with medical experts to analyze records, interview witnesses, and uncover evidence proving negligence. A strong case requires clear proof that the surgeon or hospital failed to meet the standard of care.
4. File a Notice of Intent to Sue
   Before filing a lawsuit, Florida law requires notifying the healthcare provider, allowing them 90 days to respond. The defendant may offer a settlement, deny responsibility, or request arbitration.
5. File the Lawsuit
   If no settlement is reached, your attorney will file a formal lawsuit outlining the negligence, damages, and compensation sought. The discovery phase follows, where both sides exchange evidence.
6. Negotiate a Settlement or Go to Trial
   Most cases settle out of court, but if the defendant refuses fair compensation, your attorney will take the case to trial, presenting evidence and expert testimony to secure a favorable verdict.
7. Receive Compensation
   If successful, you will receive financial compensation for medical expenses, lost wages, pain and suffering, and other damages. This recovery helps cover ongoing care and provides financial stability.

Frequently Asked Questions (FAQs)

How do I know if I have a case for surgical malpractice?
If you experienced serious complications due to a preventable surgical error, you may have grounds for a malpractice case. Surgical mistakes that result in additional surgeries, long-term health issues, infections, or permanent disability may be considered negligence. The best way to determine if you have a case is to consult with an experienced medical malpractice attorney who can review your medical records and assess whether your healthcare provider failed to meet the standard of care.

What is the average settlement for a surgical error lawsuit in Florida?
The value of a surgical malpractice case varies depending on the severity of the injuries, the financial impact on the victim, and the degree of negligence involved. Compensation may cover medical bills, lost wages, pain and suffering, and long-term disability costs. Some cases settle for tens of thousands of dollars, while others, particularly those involving catastrophic injuries or wrongful death, result in multimillion-dollar settlements or verdicts.

Can I sue a hospital for a botched surgery?
Yes, hospitals can be held liable for surgical malpractice under certain circumstances. If the surgeon or medical staff responsible for the error was an employee of the hospital, the institution may be legally accountable. Hospitals may also be liable for inadequate training, failure to maintain proper surgical protocols, or neglecting to monitor post-operative care. An experienced Palm Beach Gardens surgical error lawyer can help determine whether the hospital itself, the surgeon, or both can be sued for negligence.

What if my surgeon denies making a mistake?
It is common for doctors and hospitals to deny liability in medical malpractice cases. However, this does not mean you do not have a valid claim. Medical records, expert testimony, and a thorough legal investigation can provide the necessary evidence to prove negligence. Your attorney will work with medical professionals to review your case, identify the error, and establish that the mistake directly caused your injuries.

How long do I have to file a surgical malpractice lawsuit in Florida?
Florida law generally requires medical malpractice claims to be filed within two years of the date the injury was discovered or should have been reasonably discovered. However, there are exceptions, including cases involving fraudulent concealment or minors, which may extend the deadline. Because these laws are complex, it is crucial to speak with an attorney as soon as possible to ensure your claim is filed within the appropriate timeframe.

Contact Rafferty Domnick Cunningham & Yaffa Today

Suffering from a surgical mistake can be devastating, but you don’t have to face this fight alone. The legal team at Rafferty Domnick Cunningham & Yaffa is ready to stand by your side and demand justice.

Our Palm Beach Gardens surgical error lawyers are committed to helping victims of medical malpractice recover financially, physically, and emotionally. If you or a loved one has been harmed due to a surgical mistake, hospital negligence, or anesthesia error, contact us today to schedule a free consultation.