Pre-Op Surgical Errors - Medical Malpractice Attorney

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Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin

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Contact our lawyers if you believe a hospital or one of its staff members is guilty of making a harmful or fatal error in preoperative clearance. Sometimes patients have underlying medical issues that make certain procedures too risky for them to undergo. Patients or grieving loved ones deserve to explore their rights and potential opportunities for legal action under Florida law. The experienced attorneys at Freedland Harwin Valori, PL can help injured patients or loved ones with these types of claims in Florida.

What Does Preoperative Clearance Mean?

“Preoperative clearance,” involves the process when healthcare providers identify the patient’s medical history and/or background to determine if they are appropriate for a particular procedure. It is a physician’s duty to carefully review a patient’s chart and medical history to decide whether or not the patient is appropriate for the surgery, or whether a different operation is more appropriate. Certain conditions can make a patient inoperable due to the risks of the procedure outweighing the rewards. Many different signs and health factors can tell a doctor not to give preoperative clearance, including:

  • Abnormal electrocardiogram (EKG)
  • Abnormal heart rate
  • Anemia
  • Increased risk of blood clots
  • Diabetes-related complications
  • Drug or alcohol use
  • High or low blood pressure
  • Underlying medical condition(s)

If a doctor notices any risks that make the patient unfit for the operation, it is his or her professional duty to recognize the issue and take appropriate action. The patient or health problem might be entirely inoperable, or the patient might need to gain better control of his or her health before undergoing the surgery. A doctor can instruct a patient to treat hypertension, diabetes, obesity, diet, sleep problems, or other impairments or issues that could prevent preoperative clearance before returning for another evaluation. Giving clearance when a reasonable and prudent doctor would not have, resulting in undue patient harm or wrongful death, can be medical malpractice.

How to Prove Medical Malpractice

The doctor should assess the risks versus the. rewards of the surgery for the patient and find out if there are less extreme or invasive options that would be safer or more effective. Failure to take the proper steps and actions to determine preoperative clearance can mean going through with an unreasonably dangerous surgery that the patient should never have had. If you suffered injuries or complications or a loved one passed away during an operation, consider whether a preoperative clearance error could be at the heart of the problem.

To prove medical malpractice, one must have evidence that the defendant owed a duty of care to the patient, breached this duty, and caused the patient’s damages. This may include investigating the incident, talking to witnesses, or hiring experts to testify. An attorney can help you with all of these processes and expedite your claim as much as possible. Our lawyers can make sure you file your claim with the right courts, at the right time, with the right evidence and affidavits. We can also help maximize your recovery through skilled litigation and settlement negotiation. To learn more about your rights as an injured patient in Florida, contact our attorneys. Call (954) 467-6400 today.

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