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Surgical Errors at Outpatient Centers in South Florida Can Have Life-Altering Consequences

Offered by The Law Offices of Casey D. Shomo, P.A.

Understaffing, cost-cutting, and lack of oversight put Palm Beach Gardens patients at risk

Outpatient surgical centers have become a common alternative to hospitals for people seeking quicker, more affordable procedures. In South Florida, especially in areas like Palm Beach Gardens, these facilities have proliferated in recent years, offering patients the promise of convenience and rapid recovery. But behind that promise lies a troubling trend: surgical errors that leave patients with devastating, life-altering consequences. Victims have the right to seek compensation through a medical malpractice claim.

A recent study found that 7 percent of outpatients had at least one “adverse event” post-procedure at outpatient facilities. An adverse event covers a wide range of issues including medication errors, complications with procedures, infections, delayed diagnoses, and miscommunication between health care providers and patients. Almost 1 in 5 of these events were “severe” and 2 percent were life-threatening, the study found. Medication errors were the most common failure.

Surgical mistakes in outpatient centers are often the result of understaffing, inadequate oversight, or cost-cutting decisions that compromise patient safety. And while patients harmed in these settings have the right to pursue compensation, doing so can be far more complex than it appears. The process requires experience, persistence, and a legal strategy that is built to succeed.

Why outpatient surgical centers are expanding in Florida

Across Palm Beach County and the rest of the state, outpatient surgery centers – formally known as ambulatory surgical centers (ASCs) – have exploded in number. As of 2025, there were more than 500 ASCs located in Florida. These facilities handle everything from hernia repairs and orthopedic procedures to plastic surgery and colonoscopies. For patients, the appeal is obvious: lower costs, reduced wait times, and less red tape compared to hospitals.

Outpatient surgery centers are common throughout South Florida, with many located in communities like Boca Raton, Boynton Beach, Fort Lauderdale, Hollywood, Jupiter, Palm Beach Gardens, Pembroke Pines, Plantation, Stuart, and West Palm Beach. These facilities include surgical clinics, specialty institutes, and same-day or one-day surgery centers. Many offer procedures in areas such as plastic surgery, endoscopy, gastroenterology, ophthalmology, laser eye care, and physical rehabilitation.

Providers are also drawn to the model. Outpatient centers often operate independently or as physician-owned facilities, allowing doctors to manage more patients in less time. But when convenience and profits are prioritized over care and caution, patients can suffer the consequences.

Common surgical errors in outpatient settings

Some of the most severe and preventable injuries happen not in hospitals, but in the very outpatient centers people trust to get them back on their feet. These facilities are often fast-paced, lightly staffed, and less equipped to deal with complications. As a result, errors that should never happen in a safe medical environment still occur. Common mistakes include:

  • Wrong-site surgery: Performing a procedure on the wrong part of the body or even the wrong patient.
  • Retained surgical items: Leaving tools, sponges, or other objects inside the patient after surgery.
  • Anesthesia errors: Administering too much or too little anesthesia or failing to monitor vital signs during sedation.
  • Medication errors: Giving the wrong drug, incorrect dosage, or failing to check for dangerous interactions.
  • Infections: Resulting from inadequate sterilization, rushed prep, or unclean surgical tools.
  • Lack of monitoring: Patients sent home too soon or left unsupervised during recovery, leading to severe complications.

Unlike hospitals, many outpatient centers do not have the resources to handle a medical emergency if something goes wrong during or after surgery.

Why oversight is lacking in many South Florida surgery centers

While hospitals are subject to intense regulation and oversight, outpatient centers often fall into a grey area. In Florida, ambulatory surgery centers are licensed by the state, but the level of scrutiny is nowhere near what hospitals face. Many of these facilities are privately owned, with rotating staff or part-time providers who may not have longstanding ties to the center or each other.

Oversight gaps mean protocols may be loosely enforced or ignored altogether. In some cases, there is no physician present during parts of the procedure or recovery. And because these centers are designed to operate quickly and efficiently, there is often little time for double-checking safety steps or responding to post-operative complications.

The danger is not hypothetical. Patients throughout South Florida have experienced avoidable harm in these environments, sometimes with lifelong consequences.

How Florida’s legal system treats surgical errors

Not every poor outcome after surgery qualifies as malpractice, but when a preventable error leads to serious harm, Florida law does offer a path to justice. However, the process of proving medical malpractice is one of the most demanding areas of civil law.

To succeed, an injured patient must show that the surgical team or facility deviated from the accepted medical standard of care and that this negligence directly caused harm. Florida also requires a formal pre-suit process, including expert medical review and notification to the healthcare provider, before a lawsuit can proceed.

There are strict deadlines to file, and even stronger legal defenses protecting doctors and facilities. This makes it essential for victims to work with someone who understands how to meet every requirement and present the strongest possible case.

Why compensation matters after a surgical error

When a surgery goes wrong due to negligence, the impact on the patient can be immense. Even relatively minor errors can result in severe physical pain, repeat surgeries, emotional trauma, or long-term disability. The financial consequences often follow quickly. Injured patients may face:

  • Medical debt: From emergency care, follow-up treatment, and rehabilitation.
  • Lost income: Due to missed work, inability to return to the same job, or permanent impairment.
  • Pain and suffering: Chronic pain, disfigurement, or reduced quality of life.
  • Loss of independence: Needing ongoing assistance for basic tasks or mobility.

Pursuing compensation is not just about recovering money – it is about ensuring accountability, getting proper care, and reclaiming control over the future. But those responsible for the harm rarely pay willingly or fully. Most facilities and their insurers are well-prepared to fight back.

What it takes to win a surgical malpractice case

Successfully holding an outpatient center accountable requires more than proving that something went wrong. It requires building a case that connects the facility’s actions, or inaction, directly to the harm caused, backed by expert testimony and medical records that meet strict legal standards. To succeed, a case typically needs:

  • Medical record access: Complete and accurate records of the procedure, including anesthesia logs, surgeon notes, and post-operative care.
  • Expert witnesses: Medical professionals who can confirm that the provider failed to meet the standard of care.
  • Clear causation: Evidence that the error, not an unrelated factor, led to the injury.
  • Advanced legal practice: Knowledge of Florida’s pre-suit requirements, deadlines, and trial procedures.

Most outpatient centers and their insurers are represented by aggressive legal teams who will dispute everything – from the nature of the error to the extent of the harm. Victims without legal support often struggle to get traction or accept settlements far below what their case is worth.

An experienced attorney can guide you through the legal process

Surgical errors at outpatient centers are becoming more common across South Florida. The facilities may be modern, efficient, and friendly, but when something goes wrong, the consequences are real, and the path forward can be daunting.

Florida law gives victims the right to pursue compensation, but the system is designed to make that process difficult. The good news is that with the right legal support, it does not have to feel that way. Working with someone who knows the law, the medicine, and the tactics used by the other side makes all the difference.

If you or someone you love was harmed during a procedure at a South Florida outpatient center, do not wait. Contact an experienced medical malpractice attorney. A free case evaluation can help you understand your rights, assess your options, and start the process of holding the right parties accountable.

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The Law Offices of Casey D. Shomo, P.A.
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The Law Offices of Casey D. Shomo, P.A. offers personalized legal services in Palm Beach Gardens, FL, focusing on personal injury and wrongful death cases. Mr. Shomo and his team ...