Can you sue a plastic surgeon for a botched surgery?

Yes, under certain conditions, you can sue for a qualifying botched surgery.. Below, our Orlando medical malpractice attorneys discuss what constitutes botched plastic surgery and how the legal process works under Florida law. Keep reading for more, then call (407) 244-3000 to schedule a free consultation.

What qualifies as botched plastic surgery?

Undergoing plastic surgery is a significant decision often driven by the desire for improved appearance and enhanced self-esteem. However, the physical and emotional consequences can be severe when a procedure doesn’t go as planned due to the surgeon’s negligence.

Botched plastic surgery, in legal terms, refers to a surgical procedure that has not been performed correctly or where the plastic surgeon’s negligence caused unexpected harm and undesirable outcome. s. Examples include:

• Disfigurement or significant scarring inconsistent with pre-surgery warnings.
• Infection due to poor surgical environment or technique.
• Complications from improperly administered anesthesia.
• Unintended medical issues directly related to the surgery, such as nerve damage or severe loss of blood.
• Surgery performed without the patient’s informed consent regarding risks and potential outcomes.

Proving medical malpractice in plastic surgery

To successfully sue a plastic surgeon, the following elements must be proven, as outlined in Florida Statutes § 766.102:

1. Duty of care: Demonstrate that there was a professional relationship between you and the surgeon, establishing their duty to provide skilled and competent care.
2. Breach of duty: Show that the surgeon failed to adhere to the recognized standard of care compared to similarly qualified peers.
3. Causation: Link the surgeon’s breach of duty directly to the harm you suffered.
4. Damages: Provide evidence of actual damages resulting from the surgery, including additional medical costs, pain and suffering, lost wages, or the need for corrective surgery.

Steps to take If you suspect your plastic surgery was botched

Document everything

Keep a detailed record of all medical visits, pre-surgery consultations, and communications with your plastic surgeon. Document your condition with photos and notes detailing your recovery and any complications.

Seek a second opinion

Consult with another medical professional to assess whether the outcome of your procedure might indeed result from malpractice.

Consult a specialized attorney

Engaging with an attorney experienced in medical malpractice related to plastic surgery is crucial. At DWK Law, our team provides:

• Expert evaluations: We work with medical experts specializing in plastic surgery to review your case and establish whether malpractice occurred.
• Legal strategy: Our attorneys will develop a robust strategy tailored to the specifics of your case, focusing on achieving the best possible outcome.
• Comprehensive support: From gathering evidence to representing you in negotiations or court, DWK Law stands with you every step of the way.

Why choose DWK Law?

Experience and expertise

At DWK Law, we combine in-depth knowledge of both healthcare law and the specifics of medical malpractice claims involving plastic surgery. We understand the nuances that can make or break such cases and offer compassionate yet aggressive representation to protect your rights.

Commitment to clients

We are committed to achieving favorable outcomes and ensuring you feel supported and informed throughout the legal process. Understanding the sensitive nature of botched plastic surgery cases, we handle every aspect with the utmost confidentiality and respect.

Do you suspect your botched surgery was the result of medical negligence? We can help.

If you believe you have been the victim of a botched plastic surgery, it’s important to act swiftly and decisively. With the right legal guidance, you can hold the responsible parties accountable and obtain compensation for your suffering and additional expenses. Contact DWK Law today to schedule a consultation and learn more about how we can help you navigate this challenging legal landscape.

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