Plastic Surgery Malpractice
People get plastic surgery for any number of reasons. They may wish to fix scars or disfigurement, or they may choose to augment their breasts, get liposuction, get a tummy tuck, get a nose job, or otherwise alter their appearance. Most people who seek out the help of a plastic surgeon expect that the surgeon will perform the procedure properly and to the best of their ability. Like other surgeons, plastic surgeons are supposed to perform procedures reasonably and following the same standards that another surgeon in their position would follow. Unfortunately, plastic surgeons sometimes make mistakes. If you are injured by plastic surgery malpractice, you should consult the Ocala surgical malpractice lawyers at the Dean Law Firm.Holding a Plastic Surgeon Accountable for Preventable Errors
Not all mistakes made by a plastic surgeon count as malpractice. However, when a plastic surgeon makes a mistake and fails to meet the professional standard of care, it may be possible to hold the doctor or other health care providers liable for damages. Some signs of plastic surgery malpractice include performing the wrong procedure, failing to take a full patient history, exceeding the scope of what the patient provided informed consent to do, operating on the wrong body part, using nurse anesthetists, performing long procedures in private offices away from hospitals, or non-plastic surgeons performing cosmetic surgeries.
To win in a plastic surgery malpractice lawsuit, you will need to show that the plastic surgeon or other health care provider owed you a duty of professional care, the health care provider breached that duty, and the breach caused injuries or losses. Injuries that may be caused by plastic surgery malpractice include disfigurement, scars, discoloration, drooping or caving in at the site of the surgery, infections, excessive bleeding, paralysis, adverse anesthesia reactions, pneumonia, or even death.
A critical issue is whether these injuries were caused by the surgeon or other provider's deviation from the professional standard of care. Usually, your attorney will need to retain an experienced and credible expert to provide opinions about what the professional standard of care was and whether your health care provider deviated from that standard.
If you are able to establish a provider's liability, you may be entitled to damages, both economic and noneconomic. Economic damages include medical bills, lost income, replacement services, and out-of-pocket costs. Noneconomic damages include pain and suffering, loss of enjoyment of life, mental anguish, and loss of consortium. When a family member dies as a result of plastic surgery malpractice, it may be possible to recover damages through a wrongful death lawsuit.
Under Florida Statutes section 768.21, the damages that family members may be able to obtain in a wrongful death lawsuit include the loss of companionship, guidance, and protection given by the decedent, the value of the decedent's support and services to the surviving family members, and medical or funeral expenses paid by a surviving family member. The decedent's estate may be able to recover lost earnings that the decedent could reasonably be expected to have made had they lived and any medical and funeral expenses that were paid by the estate. When a health care provider's actions or omissions not only fall below the standard of care but also are particularly egregious, it may be possible to obtain punitive damages. These are damages awarded to punish a defendant and deter others from acting in the same way.Consult a Dedicated Ocala Lawyer to Understand Your Options
When you choose to undergo plastic surgery, you trust that your surgeon knows what they are doing and will act according to the professional standard of care. Unfortunately, mistakes made during plastic surgery could dramatically change your life for the worse. If you are injured as a result of plastic surgery malpractice, you should consult an attorney to determine whether you may have a claim. At the Dean Law Firm, we serve patients harmed by medical malpractice in Ocala, The Villages, Crystal River, and other areas of Citrus, Levy, Sumter, Marion, and Lake Counties. Contact us at 352-387-8700 or through our online form.