Did you know that being “cleared for surgery” does not always mean the clearance was done properly — and that a single clearance letter can become the center of a Florida medical malpractice case? A trial that opened on November 6, 2026, in Fort Lauderdale is testing exactly that question. According to Courtroom View Network, a family contends a patient was cleared for elective spinal surgery before follow-up on abnormal cardiac results was completed, and the hospital scheduled the surgery without appropriate clearance. The hospital and the nurse practitioner deny those claims. No verdict has been reached. The case is an allegation for a jury to decide — not a finding — but it shows why clearance matters.

A Fort Lauderdale Trial Is Testing What “Cleared” Really Means

In the Fort Lauderdale case, the family says an abnormal electrocardiogram should have led to a cardiac workup before elective surgery, and that the workup would have found severe coronary blockages later identified after death. The defense says the surgeon ordered a general pre-operative clearance, not a specific cardiac clearance, and the hospital was not on notice that more testing was needed. That dispute is familiar: was a warning sign seen, communicated clearly, and acted on — or lost between the person who saw it, the surgeon, and the facility that scheduled the case? Elective surgery is not an emergency. When a procedure can wait, why it did not wait for a completed workup often becomes a central question.

Clearance Is a Chain, Not a Single Signature

Pre-surgical clearance is rarely one person’s job. A primary-care clinician or nurse practitioner may review test results, a cardiologist may be asked to evaluate a specific risk, the surgeon decides whether to proceed, the hospital schedules and checks its file, and anesthesia evaluates the patient before sedation. A failure can occur at any link: an abnormal result is not followed up, a referral is never completed and no one tracks it, a clearance letter is vague, or a scheduling file is treated as complete when an evaluation is missing. Before elective surgery, ask directly: is any test result still outstanding, and has the clinician who ordered it cleared me for this specific procedure?

What Florida Law Requires You to Prove

A bad outcome alone does not prove malpractice. Under Florida Statute § 766.102, a claimant must prove the health care provider breached the prevailing professional standard of care — the level of care, skill, and treatment a reasonably prudent similar provider would recognize as acceptable under similar circumstances — and that the breach caused the injury. In a clearance case, that usually requires a qualified expert to explain what follow-up the abnormal result required, and how completing it would likely have changed the outcome — for example by postponing surgery or treating a heart condition first. Chapter 766 also requires a pre-suit investigation and a verified written expert opinion before a lawsuit can be filed, followed by a 90-day notice period while the provider investigates.

Fault and Deadlines in Medical Malpractice Are Different

Medical malpractice is the exception to Florida’s usual fault rule. Most Florida negligence claims follow modified comparative negligence, under which a person more than 50% at fault recovers nothing. Medical malpractice claims, however, still follow pure comparative negligence under Chapter 766: fault is allocated by percentage, and a claimant’s recovery is reduced by their share of fault rather than automatically barred at 51%. Timing is strict and different as well. Florida generally requires a malpractice lawsuit within two years from when the injury was discovered, or should have been discovered, with a four-year outer limit from the date of the incident, subject to limited exceptions. Because pre-suit must happen before filing, waiting until the deadline is close can put a claim at risk.

What to Do If a Loved One Was Cleared and Then Harmed

Request the complete records early: the clearance letter, the electrocardiogram and other pre-operative tests, the referral record, the surgeon and anesthesia evaluations, the scheduling file, and the operative records with timestamps. Write down who told you the patient was cleared, when, and in what words. A referral made but never completed may appear in a different portal or office. Have the records reviewed promptly, so pre-suit steps can be completed inside the deadline.

Tacher Law helps patients and families across Miami-Dade, Broward, and South Florida evaluate medical malpractice claims, including cases involving pre-surgical clearance, hospital care, and anesthesia. If you or a family member was harmed after being cleared for a procedure, you can request a free consultation to review what happened. Call Tacher Law at +1 (305) 644-2211. No lawyer can guarantee an outcome — but a prompt, careful review can protect the claims Florida law gives you.

Tacher Law, 16445 Collins Avenue, Suite 1625, Sunny Isles Beach, FL 33160