It seems as if women, and even men, these days will do anything to change their appearance. Women wear hair extensions, fake eyelashes and get Botox more than ever before. It's hard to turn on the television without seeing women (and men) who have had cosmetic surgery. People in Florida tend to get more cosmetic surgery than they do in other states because a lot of the women in Florida tend to be older. Usually, after plastic surgery, women tend to love the way they look. They feel refreshed and attractive. But, what happens when plastic surgery goes wrong? What do you do if the surgeon botches the surgery?
For the most part, people get plastic surgery because they want to look better. Maybe they don’t like their nose. Or they think that their face is dropping. Many women decide that they want larger breasts or a smaller waist. They think that plastic surgery is the answer. They ask a friend who’s already had “work” done who they should use and they refer them to their plastic surgeon. They go for their consult and schedule their procedure.
During the consult, the doctor will tell the patient what they can do to achieve their desired results. Although no doctor will ever give a patient a guarantee that the procedure will be successful, they do reassure the women that they’ll be happy with their new look. However, sometimes, things go wrong. A surgery doesn’t go the way it’s supposed to and the patient comes out of surgery devastated by the results. When this happens, they’re angry and want somebody to pay. The question is, can they sue their plastic surgeon for making them look worse than they did before?
Can I Sue My Plastic Surgeon?
Yes, you may sue a plastic surgeon in Florida for medical misconduct. A plastic surgeon is a trained medical professional. If they produce a medical mistake, you may pursue a medical malpractice case against them just like any other certified medical practitioner.
However, you must demonstrate that an act of carelessness or omission occurred. Visiting a plastic surgeon and not receiving the desired results is not considered malpractice. However, if your operation caused scars, deformity, or health concerns, you may have a viable case.
What Does Medical Malpractice Mean in Florida?
Medical malpractice is defined as any licensed healthcare practitioner's failure to give appropriate treatment to a patient, such as a doctor or physician. In these situations, the medical practitioner is accused of acting carelessly, ignorantly, or criminally, resulting in injury or death.
Medical malpractice examples include:
- Failure to correctly identify a disease or injury
- Misdiagnosis of a disease or injury
- Performing surgery or therapy that does not meet medical standards
- Incorrectly carrying out a technique
- Failure to use sterile surgical tools or operating rooms
- Failure to offer patients enough attention Premature release of patients from medical care
- causing harm to the mother or baby during labor and delivery
Medical misconduct may cause unneeded agony, ugliness, scarring, and even death. According to Florida Statutes 766.102, most medical professionals follow procedures and adhere to the standards of proper medical practice. Any suspected malpractice should be probed in order to protect other patients.
Is the Doctor Liable for Medical Malpractice?
If you are unhappy with the results of your plastic surgery, you have four possible legal claims. Which one you decide to pursue really depends on the circumstances of your case. Your personal injury attorney in Fort Walton Beach will help you decide which cause of action best fits your case.
Most cases involving bad plastic surgery will involve claims for the following:
- Breach of contract – You can argue that the doctor agreed to provide you will certain results and he failed to deliver on that promise. If you paid thousands of dollars, it was because the doctor promised to make you look a certain way. If he fails to do that, he may be liable for breach of contract.
- Medical Malpractice – If the doctor did something he shouldn’t have done, you may have a malpractice claim against him. For example, if he operated on the wrong body part or used implants that were the wrong size, he may be guilty of malpractice.
- Products Liability – If there was something wrong the implants the doctor used, you may have a claim against the manufacturer of the implant.
- Negligence Due to Improper Consent – If your doctor is supposed to perform surgery on your nose, but decided during the surgery that you need a face lift, he may be liable for negligence.
The type of cause of action you file will depend on your case. Your personal injury attorney in Fort Walton Beach has enough experience to help you decide this.
What Factors Influence the Decision to File a Medical Malpractice Lawsuit?
In Florida, the process of launching a lawsuit against a medical provider may be lengthy and intimidating. Understanding how to file a lawsuit might help you understand what to anticipate along the process.
The following is a general schedule for the claims procedure and litigation:
You Must Inform the Negligent Healthcare Provider of Your Intentions
If you wish to sue a plastic surgeon in Florida, you must first notify the medical professionals who allegedly committed the offense. An affidavit from another professional confirming the negligence is required.
After then, the defendant has 90 days to reply to the suit, either by rejecting the charges or by proposing a settlement. They may also request arbitration.
You Might Begin the Optional Investigation Period
Either side may request that the medical malpractice claim be investigated. Typically, this necessitates the employment of a medical expert in the same profession as the defendant. The purpose is to demonstrate that the claim is valid.
Before going to court, you might settle the case
According to Florida Statutes 458.320, all medical practitioners in Florida must have malpractice insurance or have assets put up to pay for claims. The culpable party may offer you a settlement to avoid going to court. If this settlement does not cover your fees, you may choose to file a lawsuit.
You Have the Right to Go to Court
Taking a medical negligence lawsuit to court may be difficult and time-consuming. However, if you work with our team throughout the process, we can handle everything in your case, from discovery to cross-examinations.
We want your matter to be settled or resolved in court. We will go to any length to get those outcomes.
What Kinds of Cosmetic Surgery Damages Am I Entitled To?
If you file suit against a plastic surgeon, you may be entitled to certain damages. You deserve to be compensated for the pain and unhappiness you suffer after the surgery. These damages may include:
- Refund of monies paid for the procedure
- Cost of corrective surgery
- Pain and suffering
- Lost wages for time off due to the additional surgery
Your personal injury lawyer will work hard to get you the compensation you deserve. Make sure you provide him with documentation showing that you have been hurt. Keep all receipts and medical bills as you will need them down the road.
Keep in mind, you are only entitled to compensation for actual damages. You can’t ask to be compensated for things you didn’t lose. For example, if a surgeon agrees to fix any issues, you can’t ask to be compensated for lost wages due to the first surgery. You knew you would miss time from work to recover when you requested that the surgery be performed.
Contact a Personal Injury Attorney in Fort Walton Beach, Florida
If you hate the results of your plastic surgery, you need to contact a personal injury attorney in Fort Walton Beach, Florida. They can help you negotiate with the surgeon to either get the problem fixed or to be compensated for the disastrous results. Contact a lawyer today to schedule your initial consultation. It is absolutely free and it gives you a chance to ask any questions you may have. Remember – you pay nothing until you win your case!