Can You Sue Your Plastic Surgeon for Botched Breast Reduction Surgery in Florida?
In Florida, if you were injured by a botched breast reduction surgery, you have a right to sue your plastic surgeons for medical malpractice. To successfully pursue a plastic surgery malpractice case, the injured patient must prove that the plastic surgeon committed medical negligence which was the cause of the injury. Plastic surgery malpractice cases are subject to Florida’s Medical Malpractice Act.
Unfortunately, among all plastic surgeries, breast surgeries are especially prone to injury lawsuits. A recent study that reviewed malpractice claims over the span of ten years found that the top three plastic surgeries resulting in insurance claims against plastic surgeons were 1) breast reduction surgery, 2) breast augmentation surgery, and 3) breast reconstruction surgery.
Florida patients who suffer an injury or disfigurement from botched plastic surgery can sue plastic surgeons for damages.
Injured patients can recover various types of damages from the negligent plastic surgeon including:
1) a refund for the breast plastic surgery
2) lost income
3) disfigurement
4) emotional distress
5) pain and suffering
6) cost of reconstructive surgery
7) future pain and suffering
8) other losses unique to the person’s situation
Can a spouse sue a plastic surgeon for botched cosmetic surgery in Florida?
Yes. A husband or wife of an injured person can also sue a negligent plastic surgeon for damages. Usually, the spouse is entitled to compensation for loss of consortium which includes loss of companionship, loss of services, and other related damages. Minor children can also have a claim against the negligent doctor for their parent’s injuries.
The top reasons why plastic surgeons get sued for botched breast plastic surgery are:
- Failing to warn the patient about the risks of the surgery (no informed consent);
- Failing to perform the surgery correctly (poor technique);
- Failing to recognize a postoperative complication and failing to timely treat the complication (example: infection)
Florida has specific rules for filing a plastic surgery malpractice lawsuit. Suing a plastic surgeon for botched breast reduction, augmentation, or reconstruction surgery requires the patient to go through a medical malpractice presuit period before filing a lawsuit in court. This process makes Florida medical malpractice cases more complicated and requires the guidance of an experienced attorney from the beginning of the case. If you suffered a serious injury from a breast surgeon’s mistake, you should consult with an attorney with a background in litigating Cosmetic Procedure Injury cases.
How long do you have to file a lawsuit for botched breast reduction surgery in Florida?
The Statute of Limitations for botched cosmetic procedures, including plastic surgery malpractice, is 2 years. However, the time begins running from the date the patient realized or had reason to know that their injury was caused by medical negligence. Determining whether your Statute of Limitations time has expired is a nuanced matter. If you believe that you may have a case against your plastic surgeon, you should contact an attorney immediately to discuss your case.
What type of lawyer can file a lawsuit against a negligent plastic surgeon in Florida?
An attorney with experience in medical malpractice can help you sue a negligent plastic surgeon. However, it is best to seek advice from a Cosmetic Procedure Injury Attorney with unique experience in these types of cases. Contact an experienced Cosmetic Procedure Injury Attorney like Louiza Tarassova at LOU LAW for a free review of your case.
How long does it take to sue a plastic surgeon for botched breast surgery in Florida?
Generally, it can take anywhere from 8 months to as long as 24 months to resolve a plastic surgery malpractice case in Florida. On average it takes approximately 12 months to litigate a cosmetic procedure injury case. The time frame of each case depends on the particular facts of the case and how motivated the defendant is to settle the lawsuit.
How should you prepare for a lawsuit against a negligent plastic surgeon in Florida?
If your doctor committed medical negligence and caused you injury, you will need to prove your case to recover compensation. The prepare your case, you should begin by collecting your medical records and bills related to your injury. If you had to get reconstructive surgery after a botched plastic surgery, you will need to request your medical chart from your treating provider. If you were required to take medication or purchase medical devices to heal from a botched plastic surgery, you will need receipts for these expenses. If you lost income from having to take time off work due to your injury, you will need to prove how much money you lost as a result of the injury by providing pay stubs or tax returns. If you have unique circumstances, an experienced attorney will guide you on what documentation will best serve your case. You should also document your healing journey by frequently taking photographs and videos of your injury throughout the recovery process. Additionally, find good photographs from the time before the injury that show that you did not have the disfigurement prior to the botched plastic surgery.
