Surgical Complications Law
Surgical Complications which could have been avoided and resulted in injury to the patient fall under Medical Malpractice. If you are the victim of medical malpractice due to Surgical Complications, or any other situation, Please call BNI Law today. Not all surgical complications are malpractice, however. Understand that malpractice is a serious accusation, one that is not taken lightly and one that is often difficult to prove. That’s why you will need the assistance of BNI Law.
Dealing with a medical malpractice case is just another layer of stress on top of the aftermath of the medical event itself. BNI Law is aware of how devastating these situations can be, and how shaken we are when our trust in our medical professionals is challenged by an incident of this type. Our lawyers are experienced in dealing with and handling the needs of clients who are dealing with compounded medical issues and psychological trauma. In truth, Medical malpractice falls under the category of negligence. Negligence is when a party or parties knowingly fails to perform their due diligence and duties up to standard, and this lack of concern or care results in a loss for another party. This form of negligence is defined as when an injury results from failure, or mistakes made by medical professionals who did not meet the minimum standards for adequate care, skill, or diligence when performing their duties.
It’s often difficult in cases like this to prove clear negligence. Consider that doctors and surgeons are not required by any kind of law or standard to be successful at their operation, but to simply perform it to the absolute best of their ability without making critical errors. Only when further injury, resulting from the improper procedure, or misdiagnoses where data was not considered, can result in a true case of medical malpractice.
Medicine does not guarantee cures, and its important to understand the difference between an undesired result and genuinely making the situation worse. This same understanding applies to misdiagnoses. Even with the most knowledge, the best equipment, and the most up-to-date facilities and testing, diagnoses can still be incorrect because medicine is always evolving, far from an exact science. A doctor would have to fail to perform basic due diligence when forming the diagnoses, such as acquiring medical history, performing the proper tests, and not ignoring specific information or observable symptoms. This can range from surgical errors like a critical slip of the knife, medical instruments that end up in the body- and are not removed, lack of consent, improper prescription resulting in injury, and many more
In order to be considered true medical malpractice in the State of Florida, the injured party would need to prove:
- The Healthcare provider clearly failed to exercise proper care and;
- The failure was a direct cause of any sustained injury.
The above is why it’s so imperative to work with a medical malpractice attorney, who is capable of navigating this process diligently and with your interests in mind. If you or someone you know in the State of Florida has been injured due to what is likely medical malpractice, contact the Law Offices of Brotman, Nusbaum, and Ibrahim. You have rights, and we want to fight for them.
Call us for a free consultation today at 561-417-5656.