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Botched Plastic Surgery & Medical Malpractice in FL


What is Plastic Surgery? 

Plastic surgery is a reconstructive or restorative procedure to change a person’s ability to function or appearance. There are two forms of plastic surgery: reconstructive procedures and cosmetic procedures. 

Reconstructive plastic surgery treats body parts affected functionally or aesthetically by disease, infection, tumors, or defects. Common examples include breast reconstruction, burn repair, and cleft palate repair. 

In contrast, cosmetic surgery enhances, reshapes, or otherwise alters the body. Common examples include breast lifts, facelifts, lip augmentation, rhinoplasty, and tummy tucks. 

Millions of people throughout the United States undergo plastic surgery for various physical ailments. The last thing they expect is to suffer a serious or fatal injury either during or as a result of the procedure. 

Can You File a Medical Malpractice Lawsuit After Botched Plastic Surgery in Florida? 

According to Florida law, plastic surgery procedures are medical procedures conducted by trained healthcare providers. So, if something goes wrong during surgery due to the negligent or reckless actions of a medical professional, you may file a medical malpractice lawsuit. 

In order to file a medical malpractice lawsuit against a plastic surgeon in Florida, you must prove all the following elements: 

  • The plastic surgeon had a duty of providing professional care to you 

  • The plastic surgeon breached his/her duty of care by acting negligently, recklessly, or carelessly 

  • You suffered an injury due to the surgeon’s actions or lack thereof 

  • You suffered both economic and non-economic damages 

Common surgical errors include anesthesia errors, muscle, and soft tissue damage, long-term nerve damage, severe scarring and disfigurement, infections and illnesses, or even wrongful death. Furthermore, patients may suffer physical, psychological, and financial burdens long-term or for the rest of their lives. 

SB 732 

On June 25, 2019, Gov. Ron DeSantis signed SB 732 into law. The measure aims to place restrictions on plastic surgeons and plastic surgery clinics who are found to engage in medical malpractice and endanger patients.  

Now in effect, SB 732 will do the following: 

  • Prevents doctors from opening a new facility for five years, if their previous clinic was shut down due to medical malpractice 

  • Doctors and offices that perform certain plastic surgery procedures must register with the state health department 

  • Doctors and offices must meet specific financial responsibility requirements 

  • Gives the health department the authority to deny or revoke a facility’s registration or impose penalties against an office 

  • The health department can conduct routine inspections 

  • Gives the Florida Board of Medicine the authority to adopt rules and standards of practice for surgeons and offices, so if a certain procedure is performed in an unregistered office, then that is enough grounds for either disciplinary action or license revocation 

Lastly, the health department can issue an emergency order to restrict or suspend the registration of a surgeon or a plastic surgery office if there is probable cause that a doctor failed to comply with the standards of practice as adopted by the board and the public is in immediate danger. 

Let Rash Mueller Help You 

If you are a victim of botched plastic surgery in Weston, FL, do not hesitate to let Rash Mueller help you hold the plastic surgeon accountable for their negligent actions. We have more than four decades of combined experience serving clients in a wide range of medical malpractice cases, including plastic surgery errors. 

Contact us today at (954) 914-7116 to schedule a free consultation. Hundreds of millions of dollars won on behalf of our clients! 

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