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Tampa Medical Malpractice Attorneys > Blog > Surgical Error > What Proof Do I Need For A Florida Surgical Errors Case?

What Proof Do I Need For A Florida Surgical Errors Case?


A surgical error is a specific type of medical malpractice under Florida law, but you must still meet the same standard of proof that applies to other patients who suffer harm at the hands of health care providers. Under Florida’s medical negligence law, you must be able to prove that the surgeon deviated from what other professionals in the same specialty area would have done under the same circumstances. Whether due to poor judgment, an error during the procedure, or other failures in the standard of care, you may be eligible for compensation when you have sufficient evidence.

However, without a legal background, you might not know what types of proof will support your medical malpractice claim. You can count on your Tampa surgical errors attorney to conduct an investigation and collect essential evidence, but some basic information may be useful.

Evidence for a Florida Surgical Errors Claim 

You can probably guess that the most important proof will be your medical records, including all documentation generated before, during, and after the procedure. Examples include:

  • Doctor’s notes from the surgeon and other treating physicians;
  • Nursing progress notes that include information on post-operative recovery;
  • Operative reports and video, as technology in many ORs will record the surgery;
  • Lab test results;
  • Medication orders and data stored in the facility’s Computerized Physician Order Entry (CPOE) system;
  • Films and imaging; and
  • Medications administered during the procedure, as well as prescriptions for follow-up care. 

Compensation in Med Mal Cases 

When you have sufficient proof under the Florida medical negligence statute, you may be eligible for a wide range of monetary damages. Compensation in surgical errors claims is based upon your losses, which generally fall into two categories.

  1. Economic Damages: Some consequences of medical malpractice are definite and reflect a specific dollar value. For instance, you may have receipts, invoices, or related paperwork you received from health care providers who treated you for surgical error injuries. If you were out of work while recovering, you may seek amounts for lost wages by presenting your payroll and income tax information.
  2. Noneconomic Damages: Though you may not have documentation for certain personal, subjective losses, you definitely experience hardship as the victim of medical negligence. Many people use the term “pain and suffering” interchangeably with noneconomic damages, but other losses in this category include:
  • Scarring and disfigurement;
  • Emotional distress;
  • Diminished quality of life; and
  • Losses that impact your personal relationships with a spouse, children, and other loved ones.

Discuss Options with a Hillsborough County Surgical Errors Lawyer 

Our team at Greco & Wozniak P.A. has extensive experience representing patients in medical malpractice cases, so we are ready to develop a solid lead strategy for ensuring you receive fair compensation. To learn more about the legal process, please contact our offices in Tampa, FL to schedule a no-cost consultation. You can reach a Florida surgical errors attorney by calling 813.223.7849 or visiting us online. Once we review your circumstances, we can advise you on next steps and what to expect.



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