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Outpatient Surgery Malpractice

Ocala Lawyers Helping Victims of Medical Negligence

Outpatient surgery is also known as ambulatory surgery. It's a planned operation for which you are not expected to stay in the hospital overnight. Many surgeries are now performed as outpatient surgeries, and the number of these procedures is rising. There are certain advantages to outpatient procedures, which often involve anesthesia administered for a shorter duration and a less invasive procedure. These procedures are often conducted using tools such as laparoscopes, cystoscopes, and arthroscopes. However, mistakes are sometimes made during outpatient surgery, and when these mistakes cause injuries, it may be appropriate to sue to recover your damages. The skillful Ocala medical malpractice attorneys of the Dean Law Firm may be able to help you.

Examples of Outpatient Surgeries

There are numerous types of surgeries conducted on an outpatient basis. These include tendon and muscle repairs, cataract surgeries, repairs to the small joints, nerve treatments, gallbladder removal, mensicus repair, abdominal hernia repair, skin therapy, nose and mouth procedures such as a tonsillectomy, and lumpectomies. Although you can usually go home on the same day as these outpatient procedures, some of them are major surgeries with all the risks that attend major surgery. It is crucial to follow all preoperative and postoperative instructions, including those involving diet and medicine. There are greater risks for elderly patients going through outpatient procedures, even where the procedure is a minor one.

Outpatient Surgery Malpractice

Generally, places that perform only outpatient surgeries are licensed to perform minor procedures, but may not be as well regulated as larger hospitals. And in spite of greater regulation, outpatient surgical malpractice also occurs at hospitals. However, hospitals are often better equipped to address emergencies that occur during the outpatient procedure or immediately after it.

If you suspect you are the victim of medical malpractice in connection with outpatient surgery, it is wise to consult an experienced medical malpractice attorney. Not all mistakes constitute medical malpractice. To establish medical malpractice, you will need to prove: (1) a doctor-patient relationship, (2) the health care provider breached the professional standard of care applicable to the outpatient procedure, (3) causation, and (4) damages. A breach of the professional standard of care can occur in many different ways. For example, if the camera comes off the laparoscope and is left in the patient's body, this foreign body could cause pain or infection. Sometimes an inexperienced laparoscopic surgeon may use an inappropriate abdominal entry technique that causes complications. In other situations, there may be inadequate postoperative care and monitoring of complications, resulting in harm.


Damages you may be able to recover after outpatient surgery malpractice include economic and noneconomic losses. These damages are compensatory, meaning they are intended to place you back in the position you would have been in had the surgical malpractice not occurred. Often, loss of income and medical expenses are damages recovered in an outpatient surgery malpractice lawsuit. If you need to have emergency medical care and another surgery to correct mistakes made during the outpatient surgery, and you are able to establish liability, you may be able to recover those medical expenses. Often, patients need to miss work as a result of corrective surgeries and the recovery time associated with them. You may be able to recover lost wages.

You may also be able to recover noneconomic, intangible losses associated with the injuries caused by outpatient surgery malpractice such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are subjective and it is important to retain an attorney that explores all the ways in which injuries from outpatient surgery malpractice have impacted your daily life.

Consult an Experienced Medical Malpractice Attorney in Ocala

At the Dean Law Firm, our experienced Ocala lawyers understand how terrifying it can be to suffer injuries as a result of a surgeon or nurse's failure to abide by the professional standard of care. We represent patients harmed by medical malpractice all throughout Florida, including those in The Villages, Crystal River, and Levy, Citrus, Marion, Sumter, and Lake Counties. Contact us at 352-387-8700 or through our online form to set up a free consultation.