Miami Accident Lawyer Blog
When you think of major causes of death, medical issues such as cancer and heart disease may be the first things that come to mind. What is the third most common cause of death? Is it car accidents? Maybe it is diabetes or some type of lung disorder?
It is actually medical malpractice—mistakes that can and should be prevented. Surgical errors are the third leading cause of death in the United States.
Medical malpractice occurs when a doctor’s or nurse’s negligence leads to harm. It tends to happen during surgical procedures, but these errors can also happen during anesthesia or when a baby is being born. They can happen when a doctor fails to diagnose a disease.
What about when a person has an elective procedure, such as plastic surgery? If a person is not satisfied with the procedure, can that person sue the surgeon?
Not necessarily. As with all surgeries, there is a risk of harm with plastic surgery. If a person is injured during a procedure, then he or she may have a viable medical malpractice case. However, the patient cannot file a claim simply because he or she was not satisfied with the outcome.
Common Injuries Involved in Plastic Surgery Cases
While most plastic surgeons are highly skilled and trained, injuries can still occur during these procedures. Swelling and bruising are the most common ones, although these side effects are usually temporary and would not warrant a medical malpractice case. Examples of injuries that may warrant a lawsuit include infection, nerve damage, scarring, and anesthesia complications. In extreme cases, plastic surgery can even lead to death.
Challenges With Plastic Surgery Cases
Plastic surgery is rarely needed except in extreme circumstances (such as a burn victim needing skin grafts). For the most part, it is an elective surgery performed on a certain body part to change its appearance. The most common plastic surgery procedures include breast implants, nose jobs, tummy tucks, liposuction, and face and neck lifts.
Filing a medical malpractice lawsuit for a case involving plastic surgery can be challenging in several ways. First, there is the fact that the surgery was unnecessary. You arguably did not need it. It was not a life-or-death matter. You chose to undergo the procedure, even though you did not have to. This can lead to bias in the eyes of the jury. As a result, they may not feel sorry for you and may even consider you to be partially at fault for the injuries you suffered, especially if you chose an unqualified surgeon.
Jurors also tend to think of plastic surgery patients as vain and entitled. They have money to get work done on their body, while most jurors do not have that luxury. This jealousy can cause jurors to think negatively about the victim. Overall, jurors are not very sympathetic to plastic surgery patients.
Proving Medical Malpractice
If you believe you are a victim of medical malpractice, you will need sufficient evidence. Here are the elements you will need to prove:
- A doctor-patient relationship
- Breach of the standard of care
- The patient suffered harm as a result of the breach
The first element is pretty easy to prove. You need to prove that you were in fact a patient of the plastic surgeon in question. The second element is much harder to prove. You must be able to show that a doctor in a similar situation would not have acted in the same way as your surgeon. This expert witness would specialize in the same field as your plastic surgeon and be able to prove that your surgeon did not act appropriately and should have done or not done something.
Next, you must be able to prove that the breach of the standard of care caused you to suffer significant harm. The fact that the surgeon did something wrong is not enough. Medical malpractice cases are expensive to fight, so the injury must be substantial. An example would be something that leads to permanent damage, such as nerve damage, organ damage or disfigurement.
Get Legal Help for Your Medical Malpractice Case
Medical malpractice cases are not easy to win. Most plastic surgery cases do not qualify as medical malpractice, although they can in some situations.
Do not fight a medical malpractice case on your own. Get help from the experienced Florida personal injury lawyers at Gerson & Schwartz. Our team will gather all the necessary evidence to present your case. We will work aggressively to get you the compensation you deserve. Schedule a free consultation with our office to get started.