Medical Malpractice in Plastic Surgery Procedures in Florida
Plastic surgery is more popular than ever throughout the United States. According to WebMD, the most popular procedures are liposuction, eyelid surgery and breast augmentations. Nose jobs and face lifts are also common. Though these operations are done on a daily a basis, there is still a substantial risk of injury. When problems occur, the victim may have grounds for a medical malpractice claim against the physician.
In February of this year, the New York Daily News reported about an 18-year-old who suffered a traumatic brain injury after a routine breast implant surgery. According to the article, the young woman entered a Florida cosmetic center for a $2,100 procedure in August of 2013. An hour after the surgery’s completion, she fell into a coma. She reportedly remained in that state for approximately three hours. The article explains that, after awakening, she was allegedly unable to physically care for herself.
The family reports that she had no medical issues prior to her operation. Yet, she is now allegedly unable to walk, speak or bathe herself. According to the article, she also needs assistance with using the bathroom. The young woman is the mother of a young child, but she is reportedly unable to care for him since the operation. Her family also reports that the woman suffers from severe depression about her situation.
Medical Malpractice Concerns in Florida
In 2003, the Florida legislature passed laws to cap non-economic damages in medical malpractice cases at $500,000. This includes compensation for any pain and suffering that stems from the medical injury. The law was passed in response to the recommendations of a governor appointed task force. The limitations were later challenged in court as part of a child birth injury case. On appeal, the Florida Supreme Court ruled that the law violated the Florida State Constitution, by placing undue burdens on injured parties. Though the law was struck down, proponents continue working towards medical malpractice award limits.
If you were recently injured during plastic surgery, and you are considering a medical malpractice suit, it is important that you secure the services of an experienced lawyer. Florida’s statute mandates the completion of various pre-suit tasks:
- You must collect enough evidence to reasonably demonstrate a level of malpractice and show that the injuries were caused by the malpractice;
- You must secure a medical expert and ensure that his professional status is similarly situated to the defendant. The professional must also file a pre-suit medical expert file, stating their professional opinion that malpractice did occur;
- A notice of intent must be filed with a court, which starts a 90-day investigative phase. The defendant can reject the claims during this time period; and
- Only after the 90 days is over can you file the actual court complaint.
A lawyer can help you navigate these requirements. Failure to complete them can negatively impact the outcome of your case.
If you or a family member is suffering from a plastic surgery injury, call Miami based Pita & Del Prado at 305-670-2889 for a free consultation. Put the skills of experienced trial lawyers to work for you.