Legal Remedies for Botched Plastic Surgery: Exploring Your Options

Date Posted:

September 8, 2023

Post Author

Andres Beregovich

Overview of Medical Malpractice Cases Involving Plastic Surgery

Medical professionals, especially plastic surgeons, can commit medical negligence, also known as medical malpractice when they fall short of the standards of care anticipated in their profession. Negligence in plastic surgery can take many forms, such as surgical errors, poor technique, a failure to gain informed consent, violation of Florida law governing the standards of care for office-based surgery or negligence-related postoperative problems.

You must prove the following essential components in Florida to prove medical negligence:

Doctor-Patient Relationship: You must show that there was a doctor-patient relationship, proving that you requested the plastic surgeon’s services, and they agreed to treat you.
Breach of the Standard of Care: It must be established that the plastic surgeon fell short of the standards of care that are required in the medical field. In other words, they behaved differently than a typical Florida plastic surgeon would under similar circumstances.
Causation: You must directly connect the surgeon’s negligence with the harm or injuries you experienced. Your botched plastic surgery must be clearly attributable to the surgeon’s actions—or lack thereof.
Damages: You must have experienced losses due to the negligence to bring a medical malpractice claim. Physical injuries, mental suffering, medical costs, and other things can all be included in these losses.

Assessing the Plastic Surgeon’s Duty and Standard of Care

As with all medical professions, plastic surgeons in Florida are held to a high standard of care. Several considerations are taken into account when determining whether a plastic surgeon violated their duty of care:

Certification: Plastic surgeons in Florida must have the appropriate training, credentials, and board certifications. Patients have the right to anticipate that their surgeon will be knowledgeable and skilled.
Informed Consent: Surgeons must get the patient’s informed consent before performing any procedure. This procedure includes outlining the drawbacks, advantages, and options so patients can choose wisely.
Technique: Surgeons must adhere to approved procedures and industry standards. Any departure from these norms could be considered carelessness.
Post-Operative Care: A patient’s recovery depends on receiving adequate post-operative care. Surgeons are responsible for keeping track of patients’ development and swiftly resolving any issues.

Collecting Data to Back Up Your Claim

It takes extensive evidence to establish medical negligence in Florida cases involving failed plastic surgery. Consider using the following actions to prove your point:

Medical Records: Obtain copies of all medical records that are connected to your plastic surgery, such as consultation notes, permission papers, surgical reports, and post-operative data.
Photographic Proof: To document any apparent changes or issues, take pictures of your condition before and after the procedure.
Expert Testimonies: Medical experts who can testify about the standard of care and whether it was violated in your case should be consulted before you call any expert witnesses.
Witness Statements: Obtain statements from any witnesses in the operating room or who saw any difficulties that developed after the procedure.
Financial Records: Keep track of any costs associated with your unsuccessful operation, such as doctor visits, further treatments, and lost pay resulting from the recuperation process.

Outlining the Court System and Pursuing a Medical Malpractice Lawsuit

A complex legal procedure must be followed to file a medical malpractice case in Florida. These are the steps you need to take:

Consultation with an Attorney: Speak with knowledgeable medical malpractice attorneys like those at the Beregovich Law Firm if you need legal advice. They will assess the merits of your case and help you navigate the legal process.
Serve Notice: Florida law mandates that the injured person give the healthcare provider notice of their intention to sue at least 90 days before doing so.
File Lawsuit: A formal lawsuit will be filed against the liable parties, including the surgeon, medical facility, or healthcare providers, if a settlement cannot be achieved within the notification time.
Discovery: Both sides share information and get witness and expert depositions.
Mediation: In Florida, medical malpractice lawsuits frequently go through mediation to achieve a settlement before trial.
Trial: If mediation is unsuccessful, your case will go to court, where a judge or jury will decide who is at fault and how much damages should be given.
Appeals: Should the decision be unfavorable, either side may decide to do so.

It might be challenging to navigate a medical malpractice case involving a failed plastic surgery. It’s essential to have knowledgeable legal counsel to fight for your rights and assist you in receiving the money you are due.

Don’t hesitate to contact our skilled personal injury lawyers at Beregovich Law Firm if you suspect that a botched plastic surgery was caused by medical malpractice. We can help you navigate the legal system and seek compensation for your damages. Contact us to discuss your case and determine your legal alternatives.