Most surgeries in South Florida go as planned. When one does not, patients are often told only that “complications happen.” Sometimes that is true — sometimes it is not. Reporting this month — including an October 1, 2026 NBC News report of a lawsuit alleging the wrong leg was amputated despite two pre-operative “time-outs” — has renewed attention on what safety experts call “never events”: errors that should not happen if basic safeguards are followed. Florida law lets you test which kind of case yours is, starting with records, expert review, and strict deadlines.

A Complication Is Not Automatically a Surgical Error

Infection, bleeding, and slow healing can occur even with careful surgery, and a poor result alone does not prove negligence. A Florida claim requires proof that care fell below the prevailing professional standard of care — what a reasonably careful team in the same specialty would have done — and that the failure caused the injury. The defense in almost every case begins with the word “complication.” Whether that label fits is decided by comparing the operative record against the standard, with a qualified expert’s help.

The Errors Florida Law Treats Most Seriously

Wrong-site, wrong-patient, or wrong-procedure surgery. Operating on the wrong side, performing a different procedure than the one consented to, or operating on the wrong person. Hospitals use the Universal Protocol — verifying the patient, marking the site, and taking a formal time-out before the first incision — to prevent these errors. A time-out that was skipped or only documented matters.

A retained foreign object. A sponge or instrument left inside after closing. These cases often surface weeks or months later through pain, infection, or imaging — which is why the discovery date can be central to the deadline analysis.

Injury in the operative field and missed post-operative problems. A nicked organ, vessel, or nerve that was not recognized and repaired, or bleeding and infection not treated promptly after surgery. How quickly the team responded to warning signs in recovery matters as much as what happened in the operating room.

What the Records Show — and What to Request

Request the complete chart, not just the discharge summary: the consent form showing the procedure and site you agreed to, the operative and anesthesia reports, time-out documentation, sponge and instrument count sheets, pathology reports, recovery and nursing notes, and any record of a return to the operating room. Keep your own timeline too — what you were told, when new symptoms began, and what follow-up you sought. If a second surgeon corrected the problem, keep those records as well; a corrective report often describes the earlier error in plain clinical language.

Florida Deadlines and the Pre-Suit Process

Florida medical malpractice claims, including surgical-error claims, generally must be commenced within two years from when the incident occurred or was discovered — or should have been discovered — and are ordinarily barred more than four years after the incident. Where fraud, concealment, or intentional misrepresentation prevented discovery, the period can extend, but never beyond seven years. Do not assume a late-discovered injury gives you extra time without a legal analysis of those dates.

Before suit may be filed, Florida’s Chapter 766 pre-suit process requires a verified written opinion from a qualified medical expert, followed by a notice of intent and a 90-day investigation period. That takes months, so the effective deadline to start is well before the filing deadline.

How Fault Works in a Surgical Case

Providers sometimes argue the patient contributed to the harm — for example, by missing follow-up appointments. Medical malpractice is the exception to Florida’s general rule. Most Florida negligence claims follow modified comparative negligence, barring recovery if the plaintiff is more than 50% at fault. Malpractice claims under Chapter 766 still follow pure comparative negligence: patient fault reduces recovery by that percentage but does not bar the claim at a fixed threshold. A missed follow-up therefore does not automatically end a claim, though it can affect its value.

What to Do If You Suspect a Surgical Error

1. Get medical care first — a second provider’s evaluation protects your health and documents the problem.
2. Request the complete surgical chart in writing, including operative, anesthesia, count, and recovery records.
3. Write your timeline — what was consented to, what was done, and when symptoms appeared.
4. Keep everything: discharge papers, imaging, bills, and portal messages.
5. Do not sign releases or give statements to an insurer before you understand them.
6. Have the records reviewed promptly — expert review and Chapter 766 pre-suit steps cannot be completed at the last minute.

If you or a loved one was seriously harmed by an error during or after surgery in Miami-Dade or Broward County, Tacher Law offers free consultations for surgical errors and other medical malpractice matters. Call +1 (305) 644-2211 or visit our contact page to discuss your situation.

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