What to Do After a Suspected Surgical Error in Florida

Your health comes first. If you have new or worsening symptoms, seek care right away and tell the treating physician everything that happened. A second surgeon may need to repair an injury, and that surgeon's notes often become an important part of the record. You may choose a physician other than the one who operated.

Start a dated notebook. Record what you were told before surgery about the procedure and its risks, what you were told afterward, who said it, and when. Note symptoms, call times, and the names of nurses and physicians. Family members who were in the waiting room or at the bedside should write down their own memories separately.

Ask for the full chart, not a summary. For a hospital or surgery center stay, that includes the operative report, anesthesia record, nursing notes, sponge and instrument counts, consent forms, pathology, imaging, and discharge papers. Florida requires a licensed hospital to furnish copies after discharge on written request "in a timely manner, without delays for legal review," with copying charges capped by statute (§ 395.3025(1), Fla. Stat.). Physicians must also provide records "in a timely manner," and release may not be conditioned on payment for services (§ 456.057(6), (17)). Request records from every surgeon, anesthesia provider, and facility involved.

“in a timely manner, without delays for legal review,”

§ 395.3025(1), Florida Statutes

If an object was removed from your body, ask what happened to it and whether pathology kept it. Photograph incisions, wounds, and drains over time, with dates. Keep discharge instructions, prescription bottles, wristbands, and bills.

You may be asked to sign releases, billing forms, or settlement papers. Ask a lawyer before signing anything that mentions claims or waivers. Avoid posting about the surgery on social media; posts are often requested later.

Florida medical negligence claims have short deadlines and required steps before a lawsuit can be filed. A lawyer can gather records, identify every provider who took part, and arrange a review by a qualified physician.

Florida measures surgical care against a standard of care defined by statute: "that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers" (§ 766.102(1)). A bad outcome alone does not prove a breach.

“that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers”

§ 766.102(1), Florida Statutes

Timing matters. Under § 95.11(5)(c), a claim generally must be brought within 2 years from the incident, or from when the incident was discovered or should have been discovered with due diligence, and no later than 4 years from the incident. The outer limit can extend up to 7 years where fraud, concealment, or intentional misrepresentation prevented discovery, and the 4-year limit does not bar a claim brought for a minor on or before the child's eighth birthday.

Before filing suit, Florida requires a presuit investigation. The claimant must obtain a verified written medical opinion from a qualified physician supporting the claim (§ 766.203(2)) and serve a notice of intent on each prospective defendant. The notice starts a 90-day presuit period during which the limitations period is tolled and the defendants must respond (§ 766.106). An automatic 90-day extension of the limitations period is available by petition to the clerk of court (§ 766.104(2)). When the care at issue is a surgeon's, Florida generally requires the reviewing physician to practice in the same field (§ 766.102(5)).

Two more rules often matter. In a medical negligence case, the rule that bars recovery by a plaintiff found more than 50 percent at fault does not apply (§ 768.81(6)). And if a patient dies, § 768.21(8) bars adult children, and the parents of an adult child, from recovering certain wrongful death damages in medical negligence cases.

For a fuller walkthrough of each step, see our guide, How Florida Medical Malpractice Claims Work.

When a family calls us about a surgery, we listen first. Then we gather the complete records and build a timeline of what happened before, during, and after the operation. Where the facts support it, we arrange a review by a qualified physician who practices in the relevant field, and we explain in plain terms what the records show and what Florida's presuit rules require. If the review does not support a claim, we tell you so directly. Meetings are by appointment only. Call 305-748-3789 to schedule a time to talk.