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Cosmetic Plastic Surgery Malpractice Lawyers

When you are first planning the plastic surgery that you want, you aren’t thinking that you may end up with botched plastic surgery. Whether your damages were caused by negligence or some other reason, cosmetic plastic surgery malpractice lawyers are the people that can help you receive the compensation that you deserve. Read on to learn more about cosmetic plastic surgery malpractice and how medical malpractice attorneys that specialize in this can help.

What is Cosmetic Surgery Malpractice?

 Doctor Showing Silicone Implants to PatientThere are so many different reasons why people get cosmetic surgery. Some people choose to have elective alterations to make them feel better about themselves. Others undergo cosmetic surgery to fix some type of disfigurement or scarring. Some of the most common types of cosmetic surgery include:

  • Breast augmentations
  • Liposuction
  • Tummy tucks
  • Breast reductions
  • Rhinoplasty

While there are some risks that you can expect when getting any type of surgery, the medical team performing the procedure is expected to follow a specific standard of care when it comes to treatments. When they fail to follow their duty of care, you may be entitled to compensation for any injuries that may have occurred.

Types of Cosmetic Surgery Malpractice

Just as would happen with any other medical procedure, the medical team has a duty to not only act reasonably but to also perform as any other board-certified surgeon would act. Should something happen where the surgeon failed to meet the minimum standards of care that are acceptable according to the medical community, the doctor would be liable for any damages that occurred as a result.

Some cases of cosmetic surgery malpractice include:

  • Failing to take a complete medical history
  • Operating on the wrong side or part of the body
  • Non-plastic surgeon performing the cosmetic procedure
  • Exceeding the scope of the informed consent signed by the patient
  • Performing the cosmetic surgery in a private office that is too far away from a hospital if the site doesn’t have the necessary equipment to deal with any complications
  • Opting for a nurse anesthetist rather than an anesthesiologist to save money

Unfortunately, some of these mistakes are purposeful and happen more likely than you may think. For instance, one of the rising trends to watch out for is a surgeon who isn’t a plastic surgeon taking on these cosmetic surgeries. In some cases, these doctors may advertise that they are experienced and a board-certified plastic surgeon when only they have completed a course or 2 on the field. Cosmetic surgeries, much like other types of surgeries, have a lot of complexities to them that make it important that only an experienced and board-certified plastic surgeon should be performing these procedures.

Injuries Caused by Cosmetic Surgery Malpractice

Botched cosmetic surgeries can lead to you to look worse than you did before you got the procedure. However, this could lead to various other injuries including:

  • Excessive bleeding/hemorrhaging
  • Infections
  • Skin discoloration
  • Disfigurement or scarring
  • Death
  • Pneumonia
  • Adverse reaction to the anesthesia
  • Paralysis
  • Drooping or caving occurring at the surgical site

If you have suffered from these injuries or others that were caused by medical malpractice, you should contact a medical malpractice attorney right away to see how they can help you with your case.

Damages That Occur Due to Cosmetic Surgery Malpractice

If a patient has sustained injuries due to cosmetic surgery malpractice, the patient is entitled to recover damages. These damages fall under 3 categories: economic, non-economic, and punitive. Depending on the severity of your specific case, you may be entitled to all of the above. This section will take a closer look at these different damages.

When it comes to economic damages, this refers to things like medical bills or lost wages. The patient may be able to recover any current medical costs, any other medical expenses related to the injuries, and future medical bills and treatments. Lost wages refer to any current lost earnings that the patient lost out on as a result of the injury. You may also be able to get damages for any future lost wages if you are unable to return to work because of your injuries.

Non-economic damages include wrongful death and pain and suffering. If a loved one dies as a result of cosmetic surgery malpractice, the family could be entitled to compensation. The type of damages that you can receive as a result of a wrongful death claim include the loss of pension, funeral costs, loss of consortium, lost wages, loss of an inheritance, and a loss of medical benefits. Pain and suffering is a type of damage you can get where you suffer from mental anguish as a result of your injuries. The amount that you get to mitigate this trauma will depend on the severity of your injuries.

Lastly, a victim of cosmetic surgery malpractice can be entitled to punitive damages. Punitive damages are meant to punish the doctor and/or the medical team for your injuries. You are entitled to punitive damages if their action or failure to act appropriately was done maliciously. The goal of punitive damages is to punish the defendant and to prevent them from taking those same careless actions in the future. This not only gets you extra compensation, but it also tries to make sure that the medical team takes the proper precautions next time so that they won’t have to pay out this extra money.

There are specific calculations that the medical malpractice attorney will do to determine what a fair amount of money is to sue for. The calculations are primarily determined by how severe your specific case is and how careless the medical professional was during the procedure.

Getting Help from a Cosmetic Surgery Medical Malpractice Lawyer

In order to have a successful case for cosmetic surgery medical malpractice, the plaintiff must prove:

  • The doctor had a specific duty of care to follow in caring for the patient.
  • The doctor had failed that duty of care by either acting negligently or failing to act appropriately.
  • The patient sustained an injury as a result.
  • The doctor is responsible for the damages the patient incurred.

You should know that cosmetic surgery medical malpractice can take place in different forms. The most common issues are that they improperly used the anesthesia or a surgeon from another field claims to be a board-certified plastic surgeon. Whatever the reason for your injuries, it’s important that you get a team of lawyers to work for you, getting you the best possible outcome for your case.

It’s important that you contact a medical malpractice lawyer as soon as possible for your claim. There is a statute of limitations in Florida for these types of claims. You must have your case started by 2 years of the injury or 2 years of the discovery of the injury. You will want to be sure that you get your medical records as soon as possible, especially since the doctor or team may alter or “lose” the file after your injuries. These records are essential to helping the malpractice attorney determine whether or not you have a case to move forward with. In Florida, you also need to have an expert doctor sign some affidavit that says cosmetic surgery malpractice occurred as part of the “pre-suit screening process.

To help your case, you should also be sure to take photographs of the injury (and your recovery) as well as saving any receipts for out-of-pocket medical expenses. These expenses can include over-the-counter medicines, bandages, and various other items that you need as a result of the injuries. These are essential pieces of evidence that can help your lawyer determine if you have a viable case and to get started on your case. The lawyer will then compile other evidence as well to help strengthen your claim.

The goal is to settle out of court. This ensures that you get more money from your claim and that you can get your money faster. While the goal is to settle out of court, your lawyer should be ready to fight for you in case it does go to trial. This means that you need a medical malpractice lawyer that has a great deal of experience in this field as well as dealing with cosmetic surgery malpractice cases. Not just any personal injury attorney will do as there are so many complexities involving these types of cases.

Contact Us Today

If you suffered damages as a result of botched plastic surgery, you need a team of legal experts that will fight for you. Our team has many years of experience when it comes to medical malpractice claims as well as cosmetic surgery medical malpractice. We start by looking over your case to determine whether or not you have a claim against the medical team that performed the procedure. If you do, we will begin working with you right away to get you a swift resolution with the best possible outcomes. Contact us today to see if and how we can help you with your cosmetic surgery medical malpractice claim.

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The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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