Botched Plastic Surgery Lawyer in Florida


Question: Can You Sue a Plastic Surgeon in Florida?

Plastic Surgeons Who Botch Cosmetic Surgery Can Be Sued for Medical Malpractice in Florida

Florida is a popular state for Cosmetic and Plastic Surgery. Many plastic surgeons practice in Florida and numerous visitors come from out of state to get cosmetic procedures and plastic surgery in Florida. Unfortunately, the demand for plastic surgery is creating an increased risk of plastic surgery malpractice in the state. Plastic surgery mills have become a real problem in the state. 

Florida plastic and cosmetic surgeons are subject to the same medical malpractice laws as other doctors in the state. When a plastic or cosmetic surgeon fails to provide the standard of care that a reasonably competent surgeon would offer under similar circumstances, causing injury to the patient, the patient can sue for medical malpractice.  

Botched plastic surgery injuries can be serious and permanent. These include disfigurement or deformities to the body, permanent and extensive scarring, loss of body parts or functions, and other serious health problems.

As a result, patients undergoing plastic surgery in Florida must know the legal rights and remedies available to them if they become victims of a botched cosmetic procedure or plastic surgery.

You Must Have a Reasonable Basis to Sue Your Plastic Surgeon

In Florida, people who are victims of plastic surgery malpractice have the right to sue their surgeon. But not every undesired effect of the elective surgery will constitute legal grounds for a lawsuit. To have a good case, the patient must be able to show in court that the plastic surgeon’s actions breached the accepted standard of medical care and that this breach directly resulted in injury and damages.

Louiza Tarassova is an Experienced Botched Cosmetic Procedure Injury Attorney in Florida

Top 5 reasons plastic surgeons get sued in Florida:

  1. Failure to perform the surgery correctly

  2. Failure to obtain informed consent for the specific surgery performed

  3. Failure to be properly trained for the specific surgery performed

  4. Failure to detect and treat postoperative complications promptly, like infection

  5. Failure to recognize that the patient was not an appropriate candidate for the particular surgery

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. 

LOU LAW is a Florida Cosmetic Procedure Injury law firm. We are proud to represent women and men in cases involving Botched Cosmetic Procedures and Plastic Surgery Malpractice. Our Florida Cosmetic Procedure Injury Attorney has obtained many successful recoveries for clients from all over the state including Orlando, Jacksonville, Tampa, Miami, Boca Raton, Sarasota, and Naples, Florida. 

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