Can I Sue a Cosmetic Surgeon for Botched Plastic Surgery?
Many people rely on cosmetic surgery to improve their appearance, boost their confidence, and restore their self-esteem. While successful procedures can help a person achieve these goals, a failed surgery or botched operation can have life-altering consequences. When this happens, it’s understandable that patients may want to collect damages in the form of financial compensation.
However, since plastic surgeries are primarily considered elective, it may be confusing to understand what legal recourse can be pursued. What distinguishes a patient who’s simply underwhelmed by results from something considered medical malpractice? Is the cosmetic surgeon held to the same standard as a doctor treating a patient’s illness medically?
If you’re wondering if you can sue a cosmetic surgeon for botched plastic surgery, here’s what our medical malpractice lawyers serving Lakeland, Winter Haven, Tampa, FL, and beyond want you to know:
Can I Sue a Cosmetic Surgeon?
Yes. In Florida, you can sue a cosmetic surgeon for medical misconduct. These doctors are trained medical professionals; if they make a mistake or otherwise fail to uphold their duty of care, you are able to pursue a medical malpractice case against them just as you would be able to any other certified practitioner.
However, you will need to prove that your cosmetic surgeon was negligent — that there was a medical standard the doctor failed to meet. Not receiving the exact results you were imagining wouldn’t be considered malpractice. That said, if the operation caused disfigurement, led to health risks, or required additional procedures to correct, you may have a case.
When Failed Cosmetic Surgery Is Considered Malpractice
Here are some common complaints following a botched plastic surgery:
- Post-operative infection
- Deformity or disfigurement
- Nerve or tissue damage
- Dramatic scarring or skin irregularities
- Excessive bleeding
- Blood clots
Suffering some negative reaction or effect following your procedure doesn’t necessarily translate to malpractice. For your case to be successful, you’ll have to prove:
- The cosmetic surgeon breached a duty of care owed to you
- This breach resulted in injury
- The injury resulted in damages, such as medical bills or lost wages
Additional Considerations Regarding a Plastic Surgeon Lawsuit
Plastic surgery procedures are not medically necessary. However, just because you chose to have surgery does not mean you don’t have rights should a plastic surgeon or their team act negligently.
Here are some elements to consider as you determine the viability of your case:
Signed Waiver
Many cosmetic surgeries require you to sign a waiver. These protect the surgeon by having you acknowledge the risks involved. However, just because you signed a waiver doesn’t mean you can’t sue. An experienced lawyer can help simplify the language in this document to improve your understanding of the terms and assess the value of your case.
Timely Filing
The statute of limitations in Florida for filing a medical malpractice lawsuit is two years, which means you have two years from the date of the injury — or from when you realized one exists — to file.
Damage Caps
In Florida, there are no caps on economic damages. However, there are limits in place for non-economic damages, such as pain and suffering. A medical malpractice lawyer can review how these different kinds of damages impact what you could expect in terms of case results.
Have You Recently Undergone a Botched Plastic Surgery? Contact Us
If you’re wondering what your legal options are following a botched plastic surgery, turn to our experienced team to assess your case and determine the best course of action for you moving forward. To learn more or to request a consultation at any one of our three offices in Lakeland, Bartow, and Tampa, FL, get in touch with us today.
