Orlando Plastic and Cosmetic Surgery Lawyer
When is Failed Plastic Surgery Considered Medical Malpractice in Orlando?
Medical advancements in plastic surgery have made incredible strides, offering life-changing results for many people. However, when a plastic surgery procedure goes wrong, the consequences can be severe, causing more harm than intended. If you have experienced complications after plastic surgery in Orlando, you may be wondering if you have a case for medical malpractice. It’s important to understand when failed plastic surgery may qualify as malpractice and how to proceed with legal action.
What is Plastic Surgery?
Plastic surgery is divided into two categories: reconstructive and cosmetic. Reconstructive plastic surgery is designed to restore function and appearance, often to address deformities caused by injury, disease, or birth defects. Cosmetic plastic surgery is elective and focuses on enhancing one’s appearance for aesthetic reasons, such as facelifts, liposuction, or breast augmentation.
What is Medical Malpractice in Plastic Surgery?
Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient. In plastic surgery, malpractice can happen due to a variety of errors, including:
Pre-op or surgical mistakes: Mistakes made before or during surgery, such as administering incorrect anesthesia or operating on the wrong area.
Inadequate experience: Surgeons or staff lacking the necessary training or skill.
Failure to obtain informed consent: Surgeons must inform patients of the risks of surgery and get their agreement before proceeding.
Failure to review medical history: Surgeons must evaluate a patient’s health background, including allergies and medications, to avoid complications.
When is Failed Plastic Surgery Considered Malpractice?
A failed plastic surgery procedure may be considered malpractice when it results in injury or complications due to the surgeon’s negligence. Common complaints after plastic surgery include:
Infections
Nerve, tissue, or skin damage
Blood clots and excessive bleeding
Allergic reactions
Scarring or disfigurement
Paralysis
Excessive bruising or discoloration
While complications can occur, they don’t always mean malpractice. To prove your case, you must demonstrate:
The surgeon owed you a duty of care.
There was a breach of that duty.
The breach caused your injury.
The injury led to damages, such as medical bills or lost wages.
Challenges in Proving Medical Malpractice After Plastic Surgery
Filing a medical malpractice lawsuit after a botched plastic surgery can be difficult. Many plastic surgery procedures are elective, meaning patients choose them with an understanding of the risks. Additionally, waivers often signed before surgery may complicate matters. However, clear evidence of negligence, such as surgical errors or failure to provide adequate care, can still warrant a malpractice claim.
Another challenge is proving malpractice with a Certificate of Merit, which often requires an expert to validate that the surgeon’s actions deviated from the standard of care. This can be difficult, as many medical professionals are hesitant to testify against colleagues.
How an Experienced Medical Malpractice Lawyer Can Help
A skilled medical malpractice attorney can help you navigate the complexities of proving a failed plastic surgery case. They have the resources to obtain expert opinions, gather necessary evidence, and determine the value of your case. An experienced lawyer can also negotiate on your behalf to ensure you receive fair compensation for your injuries.
Contact Simmons Law Group After a Failed Plastic Surgery in Orlando
If you’ve experienced harm due to a failed plastic surgery procedure in Orlando, contact Simmons Law Group as soon as possible. We are ready to help you pursue justice and seek compensation for the harm you’ve endured. Call us today to schedule a free consultation with an experienced medical malpractice attorney. Time is of the essence, so don’t wait to get the legal help you need.
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Frequently Asked Questions
Medical malpractice in plastic surgery occurs when a surgeon or healthcare provider fails to meet the standard of care, causing harm to the patient. This can include mistakes during the procedure, lack of informed consent, insufficient training, or failure to review a patient’s medical history. If these errors lead to injuries such as infection, scarring, or nerve damage, it may qualify as malpractice.
Yes, if your cosmetic surgery resulted in complications due to the surgeon’s negligence, you may have a valid medical malpractice case. The surgery must have been performed incorrectly or with substandard care. To pursue a lawsuit, you will need to prove that the surgeon’s actions caused harm and that they deviated from the accepted standard of care.
To prove a failed plastic surgery case, you need to demonstrate that the surgeon owed you a duty of care, breached that duty through negligence, and that the breach caused harm. Common evidence includes medical records, expert testimony from other medical professionals, and a clear connection between the surgeon’s actions and your injuries.
Complications from failed plastic surgery can include infections, scarring, nerve damage, blood clots, excessive bleeding, allergic reactions, and in some cases, permanent disfigurement. If these complications were caused by surgical errors or negligence, you may have grounds for a malpractice claim.
In Florida, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the injury or when the injury was discovered. It’s important to consult with an attorney as soon as possible to ensure that you meet all legal deadlines and preserve your right to seek compensation.
