If you are thinking about filing a botched surgery lawsuit, it is critical to hire experienced legal representation to handle the complexities of Florida’s medical malpractice scheme and ensure that you receive just compensation for your injuries. At Beregovich Law, we understand the suffering and upheaval involved with mistakes during surgery and we are committed to assisting our clients in this difficult period.
What Are My Legal Options After a Botched Surgery?
After a botched surgery, you have several legal options to consider:
- Medical Malpractice Lawsuit: This is the primary and most immediate path to obtaining compensation for injuries from medical negligence. Filing a lawsuit against culpable medical providers may lead to an eventual award for damages for pain, emotional distress, medical costs and future medical care and lost income due to the botched surgery.
- Legal Settlement: In numerous cases, medical malpractice disputes are solved through settlements. A lawyer who is experienced in medical malpractice can work to negotiate a settlement with the healthcare provider’s insurance company on your behalf.
- Arbitration or Mediation: Some contracts signed between patients and their medical providers may require arbitration or mediation. Even if the process doesn’t go to trial, having an experienced attorney helps greatly in handling these methods successfully.
When Is a Botched Surgery Malpractice?
Actions or inactions by a medical provider during surgery may result in medical malpractice when it can be shown that a patient’s injuries were caused by conduct that was not in line with what was expected from a medical professional in the same or similar situation. These are some of the ways to determine this:
- Negligence: This shows that the surgeon made a mistake that a skilled surgeon wouldn’t have made in comparable conditions.
- Injury: Show that the negligence caused a significant injury or worsened your pre-existing condition.
- Damages: Prove that the injury resulted in damages like pain, more medical care, loss of earnings, or emotional suffering.
A botched surgery attorney is needed to prove these elements in a botched surgery lawsuit.
Can You Sue a Plastic Surgeon for a Botched Surgery?
A plastic surgeon who did not perform their job with reasonable skill and care, resulting in harm to you, could be held responsible for medical malpractice. This type of malpractice happens when a medical professional fails to provide treatment that meets accepted standards and causes harm or injury to the patient. If you believe your plastic surgeon has not fulfilled these requirements during your surgery and you suffered because of it, then you may have a medical malpractice case. However, winning this kind of case takes meticulous preparation and work. You must show that the surgeon was negligent in their duties towards you and that this neglect directly caused the harm. Some of the things you may need to prove include:
- Improper Surgical Technique: Using incorrect surgical techniques that lead to complications or disfigurement.
- Lack of Informed Consent: Not receiving enough information about the risks and benefits of the surgery or alternative methods to solve the issue.
- Postoperative Negligence: Poor follow-up care, leading to infections or other complications.
Beregovich Law is experienced in guiding clients through complex medical malpractice cases. If you think a ruined operation has caused you harm, contact us now.
