Florida has some of the highest plastic surgery rates in the country. One survey showed that Miami alone has 10 plastic surgeons per 100,000 residents. Thousands of cosmetic procedures are performed in Miami and the rest of Florida every year. In some cases, surgeons make errors that cause severe injuries to their patients. Sadly, many patients die due to the injuries they sustained during or after a plastic surgery procedure.
Medical malpractice cases are among the most complex civil actions that attorneys file. Pursuing them requires an in depth understanding of not only personal injury laws, but also the anatomy and physiology of the human body. To successfully pursue such a claim, a victim should seek a Miami personal injury lawyer with years of experience in these cases.
In a medical malpractice case, the patient must demonstrate three things: that the medical professional had a duty to the patient; that this duty was breached when the medical professional acted negligently; and that, due to this negligence, the patient suffered harm. Establishing the duty is usually straightforward—when a patient consents to a procedure, the doctor-patient relationship is established. To demonstrate negligence, a medical expert will need to testify and explain what the standard course of conduct is for the procedure in question and how the medical professional deviated from that standard.
To show the harm caused by the procedure, the patient will need to provide evidence. This evidence may include medical records, medical bills, proof of time lost from work, physical therapy records, prescription records, and so on. These make up the damages in the case. After the evidence is gathered, a competent medical malpractice attorney in Miami will demonstrate how the damages are linked to the surgical procedure
Dozens of mistakes that may occur during a surgical procedure. A surgeon may use an outdated surgical method. The surgeon may not be present in the operating room for the entire procedure, leaving other physicians to complete it. The patient may not be adequately monitored during the surgery. The patient may not be properly stitched up after the procedure, or surgical tools may even be sewn up inside the patient.
What happens when a surgeon makes a mistake and a patient is harmed? Depending on the circumstances of the individual situation, the patient may be able to file a lawsuit for medical malpractice.
If a victim prevails in a medical malpractice suit, he or she may recover the cost of medical bills, lost wages, pain and suffering, and, in some cases, the cost of future medical care. With a strong attorney, the odds of maximizing one’s recovery under the law increase significantly.
Contact our medical malpractice attorneys today
At Gerson & Schwartz, our attorneys understand the intricacies involved in medical malpractice cases. During our free consultation, we will discuss your case and whether you may be entitled to any damages. To schedule your free consultation, call (877) 475-2905 or visit our website at injuryattorneyfla.com.