As more people want to improve their appearance and boost their confidence, plastic surgery continues to grow in popularity in Florida and the United States. Some of the most popular plastic surgeries include Brazilian butt lift, mommy makeover, tummy tuck and liposuction. Even while most plastic surgery treatments are successful, things can go wrong occasionally, leading to failed operations and severe implications for the patient. When this happens, victims who want justice and financial compensation for their suffering must learn how to establish medical malpractice.
Establishing the Relationship Between the Surgeon and the Patient and the Duty of Care
Establishing the doctor-patient relationship and the duty of care to the healthcare practitioner is the first step in proving medical negligence in situations of botched plastic surgery. Medical malpractice lawsuits in Florida, like those in many other jurisdictions, are based on the idea that a healthcare provider is responsible for treating their patients with an appropriate standard of care.
This implies that when executing procedures in plastic surgery, the surgeon will adhere to the accepted level of care in the medical industry. This quality of care entails utilizing safe and certified equipment, following the proper surgical procedures, and giving patients comprehensive pre- and post-operative instructions.
Proving Carelessness and a Departure from the Standard of Care
It’s critical to show that the surgeon’s acts or inactions constituted carelessness or a departure from the established standard of care to establish medical malpractice in a lawsuit involving a failed plastic surgery procedure. This necessitates thoroughly analyzing the surgical procedure, medical records, and other relevant data.
As in other states, carelessness in plastic surgery cases can take many forms in Florida. It may involve surgical mistakes like poor incisions, implant placement, or a delay in handling issues. Inadequate patient assessments, a lack of informed consent, or overlooking a patient’s medical history that would be contraindicated to the surgery are all examples of negligence.
Critical Evidence: Expert Testimony and Medical Records
In plastic surgery cases, proving medical malpractice frequently depends significantly on expert testimony and carefully reviewing relevant medical data. To give their expert judgment on the standard of care, departures from it, and the ensuing harm, expert witnesses are frequently seasoned plastic surgeons.
These professionals can help the judge and jury to determine whether the surgeon’s actions were negligent. They can also shed light on what the appropriate level of care would have been in a particular circumstance. Their evidence is crucial in proving the surgeon’s responsibility.
Additionally, crucial evidence in malpractice claims is often provided by medical records. Pre-operative evaluations, surgical notes, post-operative care guidelines, and any documentation of problems or adverse events are all included in these records. Analyzing these records in-depth will enable you to spot any care variations and show how they affected the patient’s well-being.
The Value of Recording the Physical and Psychological Effects of the Failed Surgery
The patient may suffer severe physical and psychological effects from failed plastic surgery procedures. When attempting to establish medical misconduct, documentation of these effects is crucial. The patient’s account of the pain, suffering, and emotional distress they have experienced is included in this report, along with images of the surgical site and medical documents describing any problems.
Florida law acknowledges that patients may be entitled to compensation for their emotional and psychological suffering due to a failed surgery in addition to their physical damage. Maintaining a record of the emotional toll, such as anxiety, depression, a loss of self-esteem, or post-traumatic stress disorder, is therefore imperative.
Seeking legal advice from knowledgeable medical malpractice attorneys, like the team at the Beregovich Law Firm, is a crucial first step in pursuing justice and fair compensation if you or a loved one has had a botched plastic surgery. Contact us for a free consultation today
