Laparoscopic Surgery Malpractice

When you agree to undergo surgery, you trust that your doctor and her team know what they are doing. Often people are relieved to learn that they'll be undergoing laparoscopic surgery rather than open surgery. In general, laparoscopic surgery is understood to be less invasive, and less risky than open surgery. However, mistakes can happen even during laparoscopic surgery. If you are injured during a laparoscopic surgery, the skilled Ocala medical malpractice attorneys at the Dean Law Firm can determine whether you have a viable claim for damages.

A laparoscopy is a surgical procedure that can be used to look at the organs within the abdomen or other parts of the body, or to perform a variety of surgical procedures. Generally, it is considered lower risk and less invasive than open surgeries, and the procedure is conducted through a very small incision. The recovery time is shorter, and the trauma is less.

An instrument called a laparoscope is used for the procedure. It is a thin, long tube with a high-resolution camera and light at its front end. Surgical instruments can also be inserted into the body through the laparoscope. The laparoscope is placed inside a small incision, and as it travels into the area at issue, it takes pictures that are sent to a monitor. A doctor can also retrieve biopsy samples during the laparoscopic surgery.

Laparoscopic surgery requires the use of many technological devices. The camera, the laparoscope, and plastic ports placed in incisions all have the potential to fail. If they do fail, it may be exceptionally difficult to get those instruments out of the body without going through an open surgery, which is more traumatic than the laparoscopy. Sometimes, damage is done to internal organs within the abdomen. Perforations or pulmonary embolisms can be caused. The surgeon does not always cause these types of problems. However, where a health care provider's action or omission resulted in problems and injuries for the patient, there may be a viable medical malpractice claim.

A mishandled laparoscopy may necessitate additional surgeries and other treatment to address complications. If you needed surgeries to fix problems caused by laparoscopic surgery malpractice, you may be able to recover damages. Not every problem that arises during a laparoscopic procedure is actionable as medical malpractice.

In order to establish medical malpractice in Florida, you will need to show: (1) you had a doctor-patient relationship with the defendant health care provider, (2) the defendant's conduct fell below the professional standard of care, (3) actual and legal causation, and (4) damages. A critical issue will be whether your surgeon or other health care provider breached the professional standard of care in connection with performance of the laparoscopic procedure. Usually it is necessary to retain an expert to testify about what the professional standard of care during the laparoscopy was.

The expert you use will need to be a doctor in the same specialty as the defendant in your case. For example, if the defendant is a board certified urologist who botched a laparoscopic surgery to fix your child's kidney, you would ideally hire a board-certified urologist as your expert. In Florida, an expert witness can only provide testimony about the prevailing professional standard of care in a medical procedure where he is a health care provider with an active valid license who meets certain criteria. Often, medical malpractice litigation involves a competition between two highly experienced experts. This makes it especially important to work with an attorney who works with credible experts that are able to explain technical matters to a jury in a persuasive manner.

At the Dean Law Firm, our experienced Ocala legal team understands how upsetting and difficult it can be to recover from the injuries inflicted due to surgical malpractice. If you were injured or lost a loved one due to laparoscopic surgery malpractice, you may be able to recover damages. Our lawyers represent patients harmed by medical malpractice throughout Florida, including in Crystal River and The Villages, as well as in Lake, Sumter, Marion, Levy and Citrus Counties. Contact us at 352-387-8700 or through our online form to set up a free consultation.