Undergoing plastic surgery is generally an elective procedure and in some cases, necessary for correcting injuries from a serious accident or illness. Just like any operation, patients expect to come out of their plastic surgery having been safely taken care of and with little-to-no complications. Unfortunately, that doesn’t always happen and patients can end up with a surgery gone awry. It’s important to note, if a patient is unhappy with the result, this doesn’t always mean malpractice was involved. However, if a surgeon is found negligent, breached their standard of care to the patient, and caused damages to the patient, they can be held liable. How do you know when it’s time to hire a plastic surgery lawyer? If your surgery was botched, you need additional work done, you developed a severe infection, or you sustained another type of injury, your surgeon may be guilty of medical malpractice. The following post will go through the information that may be important to your claim.
IS IT MEDICAL MALPRACTICE?
If you or a loved one has recently undergone plastic surgery and, as a result, sustained injuries or were left with irreparable damage, you may have a case of medical malpractice against your surgeon. What constitutes medical malpractice? We’ll start with some typical examples:
- The surgeon failed to thoroughly evaluate the patient’s history
- An unqualified or non-plastic surgeon performing the surgery
- The operation exceeded the scope of patient’s consent
- Incorrect surgery was performed
- Physicians failed to respond to complications in a reasonable amount of time
- Insufficient anesthesia was administered
- The surgeon performed without the proper supplies and equipment
Successful medical malpractice cases can be difficult to achieve. In order to prevail, the plaintiff must prove the surgeon had a duty to the patient, the surgeon fell below the professional standard expected of surgeons, an injury was sustained, and the injury was a direct result of the surgeon falling below the professional standard.
IS MY SURGEON NEGLIGENT?
A surgeon or doctor who doesn’t have adequate training, experience, knowledge, and resources to safely perform plastic surgery procedures can cause severe harm to patients. However, being unhappy with an outcome of a procedure doesn’t mean you have a case against your surgeon. In order to file a medical malpractice claim, you must prove your surgeon was negligent and that negligence caused your injury.
The aforementioned elements of negligence include:
- Patient and doctor relationship was established
- The doctor owed a duty of care to the patient
- The doctor breached their standard of care for his/her field
- Due to the breach, injuries were sustained
All four of these elements must be present in order to prove your surgeon was negligent. At times a procedure can go wrong and there is no negligence involved, in this case there would be no grounds for a medical malpractice case.
WHAT IF I SIGNED A WAIVER?
Before undergoing surgery, you will likely fill out a waiver regarding informed consent. This waiver confirms that you are aware of the inherent risks regarding your procedure and that you agree not to hold the surgeon or hospital liable in case of an accident during your surgery. However, this doesn’t always mean you are unable to pursue legal action. In this case, you are only unable to pursue a case against your surgeon for breach of contract, But a breach of contract isn’t the only way a doctor can be found negligent. If you sustained an injury that wasn’t included in your waiver or your surgeon failed to inform you of any inherent risks, you may have a case.
TRUSTED MIAMI PERSONAL INJURY ATTORNEYS
If you or a loved one has been injured and you suspect medical malpractice is at play, seek legal counsel as soon as possible. Speaking with a knowledgeable, experienced personal injury lawyer can help you determine what your next steps should be. Medical malpractice isn’t easy to prove—especially in cases of plastic surgery gone awry.
At Aigen Injury Law, we’ll advocate on your behalf, making sure you receive the compensation you deserve. We have the knowledge, experience, and resources necessary to help you seek justice for your injuries. Through our contingency-based fee system, you won’t pay any legal fees unless we are able to collect damage recovery for you. Please do not hesitate to contact us as soon as possible.