The United States is one of the leading countries in cosmetic surgeries and Florida state accounts for 6% of all cosmetic procedures in the country. The procedure of cosmetic surgery involves risks, as errors or negligence during or after surgery sometimes cause emotional and physical harm.
This guide will help you understand cosmetic surgery malpractice, recognize potential red flags and protect yourself.
Types of Cosmetic Surgery Mistakes
Not all unsatisfactory results constitute malpractice. Medical professionals cross the line when they:
- Perform Negligent Procedures: Mistakes during the procedure, such as operating on the wrong site, causing nerve damage, or leaving patients with disfigurement or scarring.
- Fail to Provide Proper Care: Infections, blood clots, or other issues caused by inadequate aftercare.
- Lack of Informed Consent: Patients must receive clear explanations about risks and realistic expectations.
- Miscommunication: Failing to address a patient’s goals or explain the limitations of the procedure.
These types of cosmetic surgery errors can impact patients’ health, self-esteem and quality of life.
What is a Breach of Contract in Cosmetic Surgery?
A breach of contract occurs when a surgeon fails to meet the specific terms outlined in surgical documents. For instance:
- Failing to deliver promised results when those results were reasonably achievable
- Allowing unauthorized personnel to perform or assist with surgery
- Neglecting to provide agreed-upon follow-up care
- Using different materials or techniques than those discussed and approved
These contractual obligations should be clear to a patient seeking justice after wrong-performing surgeons.
When is a Failed Surgery Considered Malpractice?
When a cosmetic surgery directly causes harm, because of the surgeon’s negligence it is considered medical malpractice. Negligence might involve:
- Operating without proper qualifications or training.
- Failing to follow standard surgical protocols.
- Ignoring warning signs of complications during recovery.
In these situations, patients have a legitimate legal right to seek compensation for their damages.
Patient Rights in Cosmetic Surgery
Florida’s laws give cosmetic surgery patients important protections, including:
Clear and honest information, surgeons must provide:
- Detailed explanations of all proposed procedures
- Complete disclosure of potential risks and complications
- Realistic expectations for results and recovery
- Alternative treatment options
- Accurate information about costs and insurance coverage
- Clear communication about post-operative care requirements
Qualified care, patients have the right to:
- Verify their surgeon’s credentials and specialization
- Review the facility’s accreditation and safety records
- Know who will be involved in their care
- Receive treatment that meets professional standards
- Access emergency care if complications arise
Post-operative support:
- Regular follow-up appointments
- Clear recovery instructions
- Access to medical staff for questions and concerns
- Prompt attention to complications
- Appropriate pain management
- Documentation of progress and concerns
When problems occur, patients can:
- Access their complete medical records
- Seek second opinions without prejudice
- File complaints with medical boards
- Pursue legal action for damages
- Request investigation of unsafe practices
Patients should know these rights to make informed decisions and protect themselves.
What to Do After Cosmetic Malpractice
If you experience harm from cosmetic surgery malpractice act quickly and protect your rights:
- Save all documents, including medical records and consent forms. Take photos of injuries or poor results.
- Visit another doctor, a second opinion provides evidence and helps you understand the extent of the harm.
- Contact medical malpractice lawyers, who can evaluate your case and help you file a cosmetic surgery negligence claim.
Taking these actions strengthens your case and improves your chances of fair compensation.
Getting Medical Help After a Failed Cosmetic Surgery
Finding a new doctor after a bad cosmetic surgery can feel overwhelming. Look for board-certified cosmetic surgeons who have experience fixing surgical problems. A good doctor will:
- Take time to understand what happened with your original surgery
- Explain your options for fixing the problems
- Be honest about what can and can’t be fixed
- Give you time to think about your choices without pressure
Many patients feel nervous about trusting another surgeon. That’s normal. Take someone you trust to appointments to help you remember questions and take notes.
Why You Need a Cosmetic Surgery Malpractice Lawyer
When cosmetic surgery goes wrong, you’re up against experienced insurance companies and hospitals with teams of lawyers protecting their interests. A medical malpractice attorney levels the playing field and fights for you. They know how to prove that your surgeon made serious mistakes and how those mistakes have affected your life.
Your medical malpractice lawyer will gather your medical records, find expert doctors to review your case, and calculate the true cost of your injuries – including future surgeries you might need and time you’ll miss from work. They handle the paperwork, deadlines and legal requirements while you focus on healing.
Most importantly, medical malpractice attorneys who specialize in cosmetic surgery know what your case is really worth. Insurance companies often offer quick and low settlements hoping you will accept before talking to a lawyer. A cosmetic surgery malpractice lawyer makes sure you don’t settle for less than you deserve and fights to get you enough money to cover all your medical bills and other losses.
Can You Sue A Cosmetic Surgeon?
To sue for cosmetic surgery malpractice in Miami, Florida begin with collecting all your medical records, photographs, and documents related to your surgery. Get a medical evaluation from another doctor to document the damage. Then contact a cosmetic malpractice lawyer who specializes in cosmetic surgery cases – Dolan Dobrinsky Rosenblum Bluestein, LLP offers free consultations. Your lawyer will file the lawsuit within Florida’s legal deadlines and handle all court paperwork while building your case with medical experts and evidence.
Get Legal Help in Cosmetic Surgery Malpractice Case
If you’ve been harmed by a negligent cosmetic surgeon, at Dolan Dobrinsky Rosenblum Bluestein, LLP we understand the physical and emotional trauma you’re going through. Don’t let insurance companies pressure you into a low settlement. Our Miami medical malpractice lawyers will evaluate your case for free and explain your legal options clearly.
Call our Miami office today at 305-371-2692 for a free and no-obligation consultation. We will listen to your story, answer your questions and help you understand if you have a case. You don’t pay unless we win compensation for you.