Can I Sue a Plastic Surgeon for Medical Malpractice in Florida?

Few experiences can be as distressing as facing complications after a plastic surgery procedure. Such incidents can leave lasting scars, both physical and emotional, and deeply affect the victim or the victim’s family.

One of the best ways to navigate these turbulent waters is by securing the guidance of a Florida medical malpractice lawyer. At our law firm, we stand beside you, ready to help you seek compensation and put your life back on track.

Can you sue a plastic surgeon for medical malpractice in Florida? The answer is yes, but there are a few nuances you should understand, and this article will explain everything to you.

Defining Medical Malpractice in the Context of Plastic Surgery

Botched plastic surgeries are everywhere in the news, and each case is its own horror story. When this happens, we call it medical malpractice.

Medical malpractice in Florida is a serious allegation. At its core, it claims that a licensed healthcare practitioner failed to provide proper care. Instead of aiding, they acted negligently or even criminally, causing injury or worse.

Medical malpractice isn’t limited to just one type of error. Various situations might fit under its umbrella:

• Misdiagnosing an injury or illness.
• Performing procedures that don’t align with recognized medical standards.
• Neglecting to use sterile equipment or ensure sanitary conditions.

It’s crucial to note that mere dissatisfaction with surgery results doesn’t equate to malpractice. But when there’s evidence of negligence – resulting in issues like scarring, disfigurement, or other health complications – you have a medical malpractice case.

Types of Plastic Surgery Medical Mistakes and Their Consequences

Cosmetic surgery encompasses a wide range of procedures. Despite being generally safe when conducted by qualified healthcare providers, instances of medical negligence can lead to severe medical malpractice claims.

Common Plastic Surgery Errors

The surgical procedure room for cosmetic procedures is a complex environment where precision is paramount. A breachofn the duty of care by the cosmetic surgeon or medical team can lead to devastating surgical errors. Common errors include:

• Nerve Damage: During procedures, especially in highly sensitive areas, the slightest miscalculation can result in nerve damage, leading to loss of sensation or motor functions.
• Improper Administration of Anesthesia: Mistakes in anesthesia can have serious consequences, ranging from consciousness during surgery to life-threatening blood clots.
• Augmentation Errors: This could mean uneven implant placement, incorrect size, or severe scarring, profoundly affecting a person’s body image and well-being.
• Infections and Blood Clots: Post-surgical care is as crucial as the surgery itself. Infections or blood clots can occur due to neglect in following the sterile protocols or aftercare instructions.

Immediate and Long-Term Consequences

The immediate aftermath of cosmetic surgery errors might manifest as excessive pain, infections, or conspicuous physical deformities. However, the long-term effects can extend much deeper:

• Psychological Trauma: The impact of a failed cosmetic surgery can lead to lasting emotional distress and a drastic decrease in self-esteem.
• Physical Disability: Nerve damage or severe infections can result in long-term or even permanent disability, altering a person’s lifestyle and capabilities.
• Financial Strain: Corrective surgeries and medical care to rectify the errors mean more medical procedures, more time off work, and consequently, significant financial burdens.

Legal Recourse and Compensation

Victims of cosmetic surgery errors can seek legal recourse through a personal injury attorney. A legal team can assist in building a robust medical malpractice claim, focusing on violations of the standard of care that is owed by the healthcare provider.

Compensation for pain and suffering, including loss of consortium, may be sought to address both the non-economic and economic damages. In some instances, if there is proof of egregious conduct, punitive damages may also be pursued as a way to penalize the medical practice for its risks of negligence.

Understanding one’s medical history is crucial for a legal team to establish a strong case. It is pertinent to demonstrate how medical negligence deviated from the accepted medical care norms and caused harm.

The Process to File a Medical Malpractice Lawsuit in Florida

Before any legal action, you must alert the medical professional involved about your intentions. It’s not merely a courtesy call; it’s a requirement. To bolster your claim, you’ll also need an affidavit from another medical professional asserting the malpractice.

Once alerted, the defendant gets 90 days to react. Three potential paths emerge: they might deny the claim, suggest a settlement, or propose arbitration. Each choice carries its own set of implications and potential next steps.

Post the initial notification, either party can call for an in-depth investigation. Often, this involves roping in another medical professional from the defendant’s field. The objective? Verify that the claim holds water. It’s a pivotal step, ensuring the foundation of the lawsuit is solid.

Damages You Can Claim in a Medical Malpractice Case

When harm arises due to a medical error, it’s not just emotional distress; tangible financial strains emerge. These are your economic damages. They carry clear monetary values. Items that fall into this category include:

• Medical bills.
• Lost wages.
• Cost of tools like wheelchairs.
• Fees for mental health counseling.

Intangible Impacts: Non-Economic Damages

On the other side of the coin, we have non-economic damages. These are intangible yet deeply impactful. They don’t have a direct monetary value but represent genuine suffering and life alterations. Examples here involve:

• Pain and suffering.
• Scarring and disfigurement.
• Disabilities that arise post-procedure.
• Loss of companionship or consortium.

Florida Tort Reform and Its Impact on Medical Malpractice Cases

Recently, Florida enacted HB 837 into law. This move brought significant changes to Florida’s tort landscape, aiming to bring the state in line with many others across the nation. Essentially, this reform is a series of adjustments meant to modify when and how victims stake their claims for damages in malpractice events.

Changes in the Statute of Limitations

A notable shift introduced by HB 837 is the reduction in the statute of limitations for general negligence actions. It’s been cut down from four years to two. This significant shift could see some claims reclassified to sidestep this shorter time window.

Caps, Comparative Negligence, and Evidence Rules

Caps on non-economic damages remain, setting boundaries on claims for intangible losses, such as emotional anguish.

Furthermore, Florida is reshaping its negligence standards. Gone is the era of pure comparative negligence. Now, the state follows a modified comparative negligence model, blocking plaintiffs from claiming damages if they’re over 50% to blame for their predicament.

Plus, new ground rules are set for presenting medical bills in court. Only the real amounts paid or permitted for medical services and expenses can make the cut as evidence.

Why Hire a Florida Medical Malpractice Lawyer?

When facing medical malpractice issues, hiring just any lawyer won’t do. You need a medical malpractice lawyer. Why? Because they navigate the maze of medical malpractice laws daily.

Our attorneys know the ins and outs of Florida’s medical malpractice regulations. They’re familiar with the defenses, know the tactics employed by insurance companies, and are skilled in gathering necessary evidence. Most importantly, they’re driven to fight for your rights.

The benefits of hiring a medical malpractice lawyer are manifold:

• They help determine if your case has merit.
• They understand medical terminologies and can interpret medical records.
• They can connect with medical professionals to bolster your claim.

Contact a Medical Malpractice Attorney Today

Plastic surgery gone wrong is more than just a cosmetic issue. When that injury is due to someone’s negligence, it’s a double blow.

Given the limitations and the intricate nature of Florida’s medical malpractice laws, waiting isn’t an option. Every passing day might be reducing your chances of getting the compensation you deserve.

Our law firm stands ready to help. With a team that’s skilled, experienced, and committed, we’re here to guide you every step of the way. So, don’t hesitate. For guidance, support, and action, contact us today.