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Is Failure To Perform Necessary Surgery Medical Malpractice?

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Doctors Who Fail To Perform Surgery: Medical Malpractice?

Failure Perform Surgery Medical Malpractice

As a medical malpractice lawyer based in Orlando, Florida, one question I hear regularly from potential clients is whether a doctor’s failure to perform necessary surgery is medical malpractice.

The answer is a resounding “it depends.”

Text or Call 24 Hr Attorney Hotline (407) 803-2139

First Med Mal Question: How Serious Were the Resulting Injuries?

First, as with all medical malpractice cases, we must determine how serious the resulting permanent injuries are.  In other words, we want to know what the RESULT of the doctor’s failure to perform surgery was.  If the result is “just” that another surgery was needed, and there were no permanent injuries, then most malpractice lawyers will be forced to reject the case.

(Incidentally, we do not mean to minimize the horrible outcome when someone must endure multiple surgeries as a result of doctor negligence.  But the reality is that without permanent, catastrophic injury, no malpractice lawsuit makes sense in terms of cost & benefit to the client.  This is because Florida’s legislature has placed unreasonable restrictions on the rights of malpractice victims to pursue their cases, which have led to extremely high costs for pursuing the cases (such as requirements that expensive doctor’s must be paid for pre-suit opinions).)

As a practical matter, because of Florida’s extensive & very limiting medical malpractice statutes, no malpractice case is worth pursuing unless the damages are catastrophic or deadly.  In other words, unless the victim suffered a permanent, life-altering injury, or death, most Orlando medical malpractice lawyers will be forced to reject the case.

Second Med Mal Question: Who Wants To Sue?

If the failure to perform necessary surgery DID cause catastrophic injury or death, the next question is whether the proper person wants to sue.  The injured person may sue, as long as they are still alive.  If the failure to perform necessary surgery lead to wrongful death, then only certain family members are entitled to sue.  Therefore, when you call us, if someone died, we will have to ask about their age, and your relationship to them.

Text or Call 24 Hr Attorney Hotline (407) 803-2139

Third Med Mal Question: Did The Doctor Do Anything Wrong?

Assuming the person entitled to file a lawsuit calls us, and assuming the injuries are sufficiently catastrophic, the next question is whether the doctor’s behavior fell below the professional standard of care for similar doctors in the community.  To make that determination, after a preliminary review of the facts to determine whether we believe that standard was likely breached, medical malpractice lawyers often must request the medical records, then have a physician expert review the records to give us an opinion.  In short, to determine whether a doctor did something that a doctor shouldn’t do, we often ask another doctor.  Indeed, to file a medical malpractice lawsuit, we are required to provide an affidavit (which is a sworn statement under oath) from another doctor.

Quite often people calling us have spoken with another medical provider, who told them that a doctor should have performed surgery.  Sometimes the failure to provide surgery, or a timely surgical consultation, can lead to permanent catastrophic injury or death.

One Example: Failure To Provide Neonatal Surgical Consult Led To Death

As just one of many examples, here is a Florida case in which a doctor failed to provide a neonatal surgical consultation to a baby who suffered from necrotizing enterocolitis, which is a gastrointestinal condition that can be fatal without surgical intervention.  The jury determined that the doctor in that case failed to provide a surgical consultation in a timely manner, which the jury believed led to the death of the infant.  That’s a perfect example of a failure to provide a necessary surgical consultation, with death as the outcome, which most definitely was medical malpractice.

Bottom Line: We Need To Carefully Evaluate Lots of Facts

The bottom line is that whether failure to perform a necessary surgery would justify a medical malpractice lawsuit is an extremely fact-intensive question.  In other words, we have to learn a whole bunch of facts to determine whether a lawsuit would be justified, anytime a doctor fails to perform necessary surgery.

If you believe that your doctor, or your loved one’s doctor, negligently failed to perform necessary surgery, please give us a call to discuss your case at no cost.  We never charge any fee until & unless we recover money for you.

Text or Call 24 Hr Attorney Hotline (407) 803-2139

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About the Author:

Tina Willis is a serious injury, accident & death lawyer, based in Orlando, Florida, although she accepts cases throughout the state of Florida, and in Georgia, where she is also licensed. She vigorously prosecutes serious injury and death cases caused by auto accidents, semi-truck accidents, slip and fall accidents, products & premises liability cases, as well as medical malpractice. Ms. Willis operates a boutique law firm from Orlando, Florida, focused on maintaining a reasonable case load so that she can provide personalized service to all of her clients. She spends a tremendous amount of time helping her clients understand how they can help increase the value of their cases, sometimes significantly. After graduating second in her class from Florida State University College of Law in 1995, Ms. Willis worked as an attorney for two large Atlanta defense firms, where she practiced excess insurer defense, and worked on countless multi-million dollar cases. Ms. Willis also worked as a law professor at Barry University. She has also recovered millions for her own accident clients. Ms. Willis has attained many impressive industry awards, including (1) being nominated as a “Ten Best Female Lawyers” in Florida, by the American Institute of Personal Injury Attorneys; (2) being selected as one of the “10 Best Florida Lawyers,” by the American Institute of Legal Counsel; (3) being selected as a National Trial Lawyers as a Top 100 Trial Lawyer; (4) being selected as a “10 Best” Client Satisfaction Award, from the American Institute of Personal Injury Attorneys; (5) being a member of the Million Dollar Advocates Club (fewer than 1% of attorneys nationwide are members); (6) being selected by Expertise.com as one of the 20 best Orlando medical malpractice lawyers; (7) being selected as a Number One Personal Injury, Car Accident & Wrongful Death Attorney By Orlando Style Magazine, based on client and other attorney ratings; (8) being selected as one of the “Three Best Rated” Orlando Accident Attorneys based on handpicked selection; (9) achieving a “superb” perfect “10.0” AVVO rating as an auto accident attorney (10) having many 5-star client reviews all over the Internet, and (11) being named one of Orlando’s “Ten Best” personal injury attorneys by Thumbtack rating system. Before you hire another Florida personal injury lawyer, you owe it to yourself to speak with Ms. Willis. Consultations and representation never cost you a penny until she wins your case.
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