Surgical Errors Lawyer in Miami
Every surgery carries risk — but when a surgeon operates on the wrong body part, leaves an instrument inside a patient, or administers anesthesia negligently, that is not a known complication. That is malpractice, and the consequences can be permanent.
At Tacher Law, Mario Tacher has spent over 40 years holding negligent medical providers accountable. If a surgical error injured you or someone you love, call +1 (305) 644-2211 for a free consultation.
Types of Surgical Errors
We handle cases involving wrong-site, wrong-procedure, or wrong-patient surgery, surgical instruments or sponges left inside the body, anesthesia errors causing brain injury or death, severed nerves, blood vessels, or organs, post-operative infections from unsanitary technique, and failure to monitor patients properly during recovery.
Why These Cases Are Strong — and Complex
Some surgical errors, like wrong-site surgery, are considered “never events” — they should never happen when standard safety protocols (surgical time-outs, site marking, instrument counts) are followed. But hospitals and surgeons rarely admit fault. Proving the case requires operative reports, anesthesia records, expert surgical testimony, and often a battle against well-funded defense teams.
Florida’s Chapter 766 Pre-Suit Process
Before filing suit, Florida law requires a Notice of Intent to each prospective defendant, a 90-day pre-suit period, and a verified medical expert opinion from a qualified surgeon or relevant specialist. These requirements are technical and unforgiving — an experienced malpractice attorney is essential from day one.
Act Quickly: Deadlines Are Short
Florida’s medical malpractice statute of limitations is generally two years from discovery of the injury, capped at four years in most cases. Because hospitals may alter or lose records over time, early investigation protects your claim.
Tacher Law — 16445 Collins Avenue, Suite 1625, Sunny Isles Beach, FL 33160. Call +1 (305) 644-2211 or contact us online for a free, confidential case review. No fees or costs unless we win.
Frequently Asked Questions
What are examples of surgical errors?
Common examples include operating on the wrong body part or the wrong patient, leaving surgical instruments or sponges inside the patient, anesthesia dosage mistakes, accidental damage to nerves, blood vessels, or organs, and post-operative infections caused by lapses in sterile technique. Each of these is measured against what a reasonably careful surgical team would have done.
Is a bad surgical outcome the same as malpractice?
No. Surgery always carries risk, and a poor outcome can occur even when everything was done correctly. Malpractice requires proving the surgical team breached the prevailing professional standard of care and that the breach caused harm beyond the known risks of the procedure. An independent expert review of the operative records is how that determination is made.
What is a “never event” in surgery?
“Never events” are serious, preventable errors that should never occur — such as wrong-site surgery, wrong-patient surgery, or leaving a foreign object inside a patient. Hospitals are required to have protocols (like pre-operative verification checklists) specifically designed to prevent them. When a never event happens, it is strong evidence that the standard of care was breached.
Who can be held liable for a surgical error?
Potentially the surgeon, the anesthesiologist, assisting physicians, nurses, and the hospital or surgical center itself. Liability depends on employment relationships and who controlled each part of the procedure — hospitals can be directly liable for their own negligence in staffing, credentialing, or maintaining safe systems, not just vicariously for their employees.
How long do I have to file a surgical error lawsuit in Florida?
Florida’s medical negligence deadlines apply: generally two years from discovery, with a four-year statute of repose. Before filing, Chapter 766 requires a corroborating expert opinion, a notice of intent, and the 90-day pre-suit inspection period. If you suspect a surgical error, preserve all records and call Tacher Law at (305) 644-2211 for a free, confidential review as soon as possible.
