How Long Does the Legal Process of Filing a Lawsuit Against a Florida Plastic Surgeon Take?
A typical medical malpractice case against a plastic surgeon in Florida can take anywhere from 180 days to 12 months to complete. However, more complicated cases involving cosmetic procedure injuries can take up to 24 months to resolve.
The multi-step process to suing a plastic surgeon for a botched cosmetic procedure in Florida begins with establishing that your medical malpractice claim is valid. In the context of cosmetic surgery, this typically means proving that the surgeon failed to adhere to the appropriate standard of care, resulting in harm or injury. Your attorney will need to review your medical records, understand your medical history, and get a detailed description of the events that took place.
If you are considering filing a lawsuit against your plastic surgeon in Florida, it is best to contact an experienced Florida Cosmetic Procedure Injury Attorney like Louiza Tarassova at LOU LAW to discuss your case.
Cases against plastic and cosmetic surgeons are subject to the Florida Medical Malpractice Act. Florida law requires that patients go through a medical malpractice presuit process before filing a lawsuit. The medical malpractice presuit period takes at least 90 days to complete, but it can be longer if the parties agree to extend it. This includes notifying each prospective defendant—the plastic surgeon and the surgery center where the surgery occurred—of the intent to initiate legal action. This part is called a Notice of Intent to Initiate Litigation. This notification usually must contain an expert affidavit, confirming that there is a reasonable basis for a malpractice claim.
Often the parties will negotiate a resolution of a medical malpractice case before filing a lawsuit. In such cases, the presuit period is typically extended to reach an agreement between the parties. LOU LAW frequently obtains successful settlements for Botched Cosmetic Procedure clients during the presuit period.
If the parties cannot reach an agreement, and after the pre-suit notice period is complete the plaintiff can officially file the lawsuit in the appropriate court. A detailed complaint must be submitted, which outlines the allegations, the damage suffered, and the legal basis for holding the surgeon accountable.
The litigation process that follows might include discovery, where both parties exchange relevant information, as well as attempts at settlement before possibly proceeding to trial. The complexities of malpractice litigation underscore the necessity of engaging experienced legal counsel to navigate these complicated legal procedures effectively. This is especially true for Cosmetic Procedure Injuries and Plastic Surgery Malpractice cases. The litigation phase can an additional 8 to 24 months, depending on the complexity of the case.
