Can You File a Malpractice Claim in Florida After a Botched Plastic Surgery?
The decision to get plastic surgery is big, personal, and brave. Often, this decision is motivated by the desire to improve one’s appearance, boost confidence, or correct a medical issue. These surgeries often proceed without problems, and the patients are satisfied with the results. Regrettably, there are times when things go wrong, resulting in a botched surgery. Botched plastic surgeries can be devastating, not just physically, but also emotionally and financially.
If you have experienced a botched plastic surgery in Florida, you may be wondering if you can file a malpractice claim. So, can you file a medical malpractice claim in Florida after a botched plastic surgery? Simply put, yes, you can. However, you can only sue if specific legal criteria are satisfied. Simply being dissatisfied with the result is not enough. Below is more on this topic.
When Does a Poor Outcome Become Malpractice?
It is vital to note that not every poor outcome is malpractice. Sometimes, a poor outcome is just that: a poor outcome. There are always risks involved in any medical procedure. For example, suppose you are unhappy with how your scar healed or your body reacted differently than expected during recovery, even though the surgeon did everything right. In this case, you may not have a malpractice case.
In Florida, a breach of the standard of care must be involved for a case to be considered medical malpractice. What does this mean in the case of plastic surgery? It means that you must prove the plastic surgeon failed to meet the accepted standard of care, and that failure directly caused harm. In other words, you must show they failed to act with the same level of skill, care, and competence that another reasonably competent plastic surgeon would have under similar circumstances.
Here are some examples of what medical malpractice might look like in plastic surgery;
- Performing a procedure on the wrong body part
- Performing the wrong procedure
- Administering too much or too little anesthesia, leading to injury
- Failing to recognize and respond to complications in a timely manner
- Not providing adequate follow-up care
- Using unsanitary equipment, leading to infection
- Allowing an unqualified surgeon to perform the procedure
If any of the above situations apply to you, you may have a malpractice case. You should speak to a skilled attorney as soon as possible for legal guidance.
Steps To Take After a Botched Plastic Surgery
If you recently underwent plastic surgery in Florida and believe you have fallen victim to malpractice, here are some key steps to take;
- Seek prompt medical attention to protect your future legal claim and most importantly your health
- Document your injuries and treatment, including photos of your injuries, medical bills, and correspondence with the surgeon
- Request your medical records
- Seek a second opinion from another qualified surgeon
- Consult a skilled medical malpractice attorney
An attorney can assess your case and determine if you have a valid malpractice case. If you do, they can guide you through Florida’s complex legal process, starting from the pre-suit requirements, including the notice of intent.
Contact a Tampa Medical Malpractice Lawyer
If you believe a plastic surgeon in Florida has harmed you, it’s vital that you act fast. Contact our experienced Tampa medical malpractice lawyers at Gunn Law Group today to schedule a case review.
