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Naples Personal Injury Attorney > Blog > Personal Injury Lawyer > Can I File A Lawsuit Against My Plastic Surgeon After A Botched Plastic Surgery?

Can I File A Lawsuit Against My Plastic Surgeon After A Botched Plastic Surgery?


Millions of people around the world turn to plastic surgeons to correct different physical ailments every year. When you trust a plastic surgeon, the last thing you expect is for something to go wrong. Unfortunately, the reality is, sometimes plastic surgeries don’t go as planned.

Many are often left with physical injuries or disfigurement after their plastic surgeries don’t go as expected. If your plastic surgery fails and leaves you with a disfigurement, you will most definitely feel angry and confused. Due to the disfigurement, you may need to undergo additional surgery. In a botched plastic surgery situation, a victim’s life generally becomes worse instead of becoming better.

Can an Individual Sue a Plastic Surgeon After a Botched Plastic Surgery?

Fortunately, Florida’s medical malpractice laws and Florida’s general negligence laws allow victims of botched plastic surgeries to sue plastic surgeons for medical malpractice. Plastic surgeons are medical professionals. Therefore, the rules found under Florida statute 766.102 apply to them too. Whether you opted for plastic surgery to correct a physical ailment or save your life, a plastic surgeon who causes harm to you during your surgery can be held liable for your injury or disfigurement in a Florida court.

Plastic surgeons being medical professionals, need to conduct themselves according to medical professionals’ standard of care. When a plastic surgery causes harm to their client because of failing to conduct themselves as expected, they may be sued for negligence.

Suppose the level of care your plastic surgeon gave you during your plastic surgery falls below the desired level of care and causes you a severe injury or disfigurement. In that case, you may be qualified to receive monetary compensation.

The two main malpractice issues in plastic surgery are procedural errors and unskilled surgeons. Often, plastic surgery medical malpractice involves procedural errors. When a procedural error happens and causes someone a disfigurement, a plastic surgeon is said to have “botched”/messed-up the surgery. It is crucial to note that you may still be qualified to sue a plastic surgeon even if you did not get a disfigurement during your surgery. If, for instance, you developed a severe postoperative infection, you might be able to receive compensation if you can prove a plastic surgery’s negligence caused your infection.

Nonetheless, even though you have the legal right to sue your plastic surgeon for medical malpractice, keep in mind that winning such cases can be challenging. That is why it would be best for you to work with a qualified Florida personal injury or medical malpractice attorney when tackling an issue of plastic surgery medical malpractice.

The Burden of Proof in a Plastic Surgery Medical Malpractice Claim

Generally, you need to prove that your plastic surgeon breached the standard of care they owed you for you to win your plastic surgery medical malpractice case. For you to prove this, the evidence showing that the surgeon breached the standard of care needs to outweigh the evidence showing they didn’t. Your attorney can help you demonstrate how your surgeon violated the standard of care. A qualified personal injury attorney can even help you refute any evidence the opposing side tries to use against you.

One of the best ways for a victim of plastic surgery medical malpractice to prove that a plastic surgeon breached the standard of care is to present an expert witness. An expert witness can help explain to the court or your attorney complex facts about the case that can help prove negligence or medical malpractice on the plastic surgeon’s side. Such a witness can explain what went wrong and how the surgeon’s actions fell below the standard of care. Therefore, you must find the right expert witness to testify in your case. Your personal injury attorney can help you get such a witness and build a strong case. In a botched plastic surgery case, you need to engage a medical expert who understands plastic surgery. The witness you present should be qualified either by knowledge, training, skill, experience, or education, and their testimony should be based on facts or data and not on opinions.

Here’s How a Naples Personal Injury Attorney Can Help You

A botched plastic surgery can leave you with a life-altering injury or disfigurement. You might have to spend a substantial amount of money to correct the harm caused. Because of the negative impacts of botched plastic surgeries, you deserve compensation if negligence or medical malpractice was the cause of your injury or disfigurement. If you need help understanding what to do after your botched surgery, contact a Naples personal injury attorney today at The Law Offices of Marc L. Shapiro, P.A., to schedule a consultation.



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