Florida Surgical Error Attorneys
Get expert legal help after a surgical error or surgical malpractice in Florida.
By submitting this form, you authorize Avera & Smith to contact you regarding your potential case. Contacting us through this website does not create an attorney-client relationship. See Privacy Policy and Terms of Service.
Florida Surgical Errors Attorneys Fighting for Injured Patients
Surgery carries inherent risks, — but there is a significant difference between a known surgical risk and a preventable mistake. When a surgeon, anesthesiologist, or other medical professional deviates from the accepted standard of care and causes serious harm, that is surgical malpractice. If you or a loved one has been injured due to a surgical error in Florida, Avera & Smith has the experience and resources to fight for the justice and compensation you deserve.
What Are Surgical Errors?
Surgical errors are preventable mistakes that occur before, during, or after a surgical procedure that fall below the accepted standard of medical care. Unlike known surgical risks that a patient consents to, surgical errors are caused by negligence. Florida law holds medical professionals accountable when surgical errors and negligence cause harm.
Common types of surgical errors we handle include:
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Wrong-site surgery — operating on the wrong body part, wrong organ, or even the wrong patient
- Anesthesia — administering too much or too little anesthesia, or failing to monitor a patient’s response
- Nerve damage — cutting or damaging nerves that result in permanent loss of function or sensation
- Organ damage — unintentional perforation or damage to surrounding organs during a procedure
- Retained surgical instruments — leaving sponges, clamps, or other instruments inside a patient after surgery
- Plastic surgery errors — botched cosmetic or reconstructive procedures resulting in disfigurement or serious complications
- Orthopedic surgery errors — mistakes during joint replacements, spinal surgeries, or fracture repairs that result in permanent injury
- Postoperative negligence — failure to properly monitor or care for a patient after surgery leading to infection, complications, or death
Why Insurance Companies Take Avera & Smith Seriously
When you hire Avera & Smith, you’re not just hiring an attorney — you’re bringing decades of proven results and a reputation that insurance companies in Florida already know. That changes how your case is handled from day one.
70+Years of Experience
For over 70 years, Avera & Smith has represented seriously injured Floridians in complex medical malpractice cases, including surgical errors. We have the experience and resources to take on hospitals, surgeons, and their insurers on your behalf.
Board Certified Trial Attorneys
Partners Mark Avera and Jennifer Cates Lester hold board certification in civil trial law from the Florida Bar, a distinction earned by fewer than 5% of Florida’s licensed attorneys. Board certified attorneys have demonstrated expertise and a proven record of success handling complex civil cases including medical malpractice.
We Build Every Case Like It’s Going to Trial
Hospitals and their insurers have dedicated defense teams whose sole job is to avoid responsibility and minimize what they pay surgical error victims. We prepare every case for trial from day one. This preparation gives us leverage at every stage of negotiation.
Million-Dollar Results
Our firm has secured hundreds of millions of dollars for clients. Our attorneys are members of the Million Dollar Advocates Forum, a distinction reserved for lawyers who have secured settlements and verdicts exceeding $1 million. We know what maximum compensation looks like and we know how to pursue it.
We Know How The Other Side Thinks
More than one of our attorneys spent time working at insurance defense firms before dedicating their careers to representing injured victims. We know exactly how insurers evaluate claims, where they look for weaknesses, and how to build a case they can’t easily dismiss.
No Fee Unless We Win
We handle every medical malpractice case on a contingency fee basis. You pay nothing upfront and nothing out of pocket. If we don’t recover compensation for you, you owe us nothing.
Meet the Attorneys Who Fight for You
Behind every successful case is a team that knows how to take on insurance companies and deliver results. At Avera & Smith, our attorneys bring decades of experience, proven outcomes, and a reputation that demands respect.
How Do You Prove a Surgical Error in Florida?
Proving surgical malpractice in Florida requires establishing four key elements: that the medical professional owed you a duty of care, that they breached that duty by deviating from the accepted standard of care, that the breach directly caused your injury, and that you suffered measurable damages as a result. Florida also has specific pre-suit requirements that must be followed before a surgical malpractice lawsuit can be filed, including obtaining a verified written medical opinion from a qualified expert.
Surgical error cases are among the most complex in personal injury law. They require thorough investigation of medical records, surgical notes, and postoperative reports, as well as testimony from qualified medical experts. Avera & Smith has the experience and resources to build the strongest possible case on your behalf.
What Compensation Can You Recover?
A successful surgical malpractice claim can provide compensation for additional medical expenses required to correct the error, lost wages and loss of future earning capacity, pain and suffering, permanent disability or disfigurement, emotional distress, and wrongful death damages if a loved one died as a result of a surgical error. Surgical error cases often involve significant damages due to the serious and long-lasting nature of the injuries involved. Our Florida surgical error attorneys fight relentlessly to secure compensation that reflects the full physical, emotional and financial impact a surgical mistake has had on your life.
Frequently Asked Questions: Florida Surgical Malpractice
How Do I Know If I Have a Surgical Malpractice Case in Florida?
Not every bad surgical outcome constitutes malpractice. Surgery carries inherent risks that patients consent to in advance. What distinguishes a surgical malpractice case is whether the surgeon or medical team deviated from the accepted standard of care in a way that caused your injury. If you experienced an unexpected complication, were told something went wrong during surgery, or suffered an injury that doesn’t align with the known risks of your procedure, these are signs worth discussing with an experienced Florida surgical malpractice attorney. Avera & Smith offers free consultations. Contact us today so we can evaluate your situation.
How Long Do I Have to File a Surgical Malpractice Claim in Florida?
In Florida, the statute of limitations for medical malpractice claims, including surgical errors, is generally two years from the date you discovered or should have discovered the injury. Florida also imposes an absolute deadline of four years from the date the malpractice occurred regardless of when you discovered it. There are limited exceptions, including cases involving fraud or deliberate concealment by the medical provider. Given the complexity of these deadlines, contacting an attorney as soon as you suspect a surgical error occurred is strongly advisable.
Can I Sue a Hospital for a Surgical Error in Florida?
Yes. In many cases, the hospital itself can be held liable for a surgical error in addition to the individual surgeon. Hospitals can be held responsible for negligent hiring or credentialing of surgeons, inadequate staffing, failure to maintain proper equipment, and errors made by hospital employees, such as nurses or anesthesiologists. Determining all liable parties is one of the most important steps in a surgical malpractice case. Avera & Smith has the experience to investigate every angle on your behalf.
How Much Is a Surgical Error Case Worth in Florida?
The value of a surgical error case depends on the severity of your injury, the cost of corrective treatment and future care, lost income, and the overall impact on your quality of life. Surgical error cases often involve significant compensation given the serious and permanent nature of many surgical injuries. Avera & Smith’s attorneys are members of the Million Dollar Advocates Forum and have secured settlements and verdicts exceeding $1 million for their clients. Contact us for a free consultation and we will give you an honest assessment of what your case may be worth.
Ready to Talk to a Florida Surgical Errors Attorney?
Surgical errors can change your life in an instant and the hospitals and insurers responsible will fight hard to minimize what they pay. Don’t navigate this alone. Contact Avera & Smith today for a free consultation and let our experienced attorneys fight for the justice and compensation you deserve.
Call 352-372-9999 or contact us online to get started.
By submitting this form, you authorize Avera & Smith to contact you regarding your potential case. Contacting us through this website does not create an attorney-client relationship. See Privacy Policy and Terms of Service.
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