Yes, you can sue a plastic surgeon for medical malpractice in Florida. A plastic surgeon is a licensed medical practitioner, and just like any licensed medical practitioner, you can file a medical malpractice lawsuit against him if you have a legitimate claim for a medical error.
We go to doctors and other medical professionals trusting our health and safety is their highest priority. If you are considering filing a claim for medical malpractice against a plastic surgeon because you feel you are a victim of a medical error, there are many facts to understand about the process. Careful attention to detail will ensure that a claim is recognized without delay.
Definition of Medical Malpractice in Florida
Medical malpractice refers to the failure of any licensed healthcare practitioner, such as a doctor or physician, to provide proper service to a patient. Instead, the medical professional acted negligently, ignorantly, or criminally, resulting in injury or death.
Types of acts that are usually considered malpractice are:
- Failure to properly diagnose an illness or injury
- A misdiagnosis of an illness or injury
- Conducting surgery or treatment that does not comply with medical standards
- Incorrect procedures performed on a patient
- Unsterile operating tools or rooms
- Failing to give patients appropriate attention
- Releasing patients prematurely from medical care
- Injuries to mother or baby resulting from improper practice during birth
Medical malpractice can result in unnecessary pain, disfigurement, scarring, and even causing the untimely death of a patient.
Most medical professionals follow procedures and adhere to the standards of proper medical practice, but accidents happen. Any perceived act of malpractice should be investigated to prevent a repeated incident to another patient.
Filing a Medical Malpractice Lawsuit
The process of filing a lawsuit against a medical professional in Florida can be quite extensive and overwhelming. Understanding how a claim should be filed can help you know what to expect during the process.
Notice of Intent to Sue
If you intend to file a lawsuit against a plastic surgeon in Florida, you must give proper notice to the doctor, hospital, or other medical professionals who allegedly committed the infraction. This includes providing an affidavit from a medical professional stating that medical malpractice most likely occurred.
The defendant then has 90 days to respond to the claim either by denying the claim or offering a settlement. They can also submit for arbitration.
Optional Investigation Period
Either party can request an investigation of the medical malpractice claim. Usually, this requires hiring a medical expert in the same field as the defendant. The goal is to provide proof that the medical error claim is legitimate.
Statute of Limitations in Florida
There is a two-year time restriction imposed by FL § 95.11 on filing a medical malpractice claim. The clock starts ticking on the date the malpractice occurred.
The 90-day notice of intent to sue, as well as the 90 days given to investigate, could “toll,” or stop, the clock on the statute of limitations. However, it will not stop the clock if the two years elapse during the time the investigation is being conducted.
A Medical Malpractice Report
In 2016, a study was conducted by Johns Hopkins University that reported a shocking discovery. It was concluded that medical malpractice is the third leading killer of Americans, after cancer and heart disease.
Johns Hopkins also noted that medical error could account for as many as 250,000 deaths across the nation. Professionals at Johns Hopkins are advocates for changing the way death certificates are notated, which includes medical error as a possible classification when applicable.
Typical Damages Recovered From a Medical Malpractice Suit
If you have been the victim of medical error, you may be able to recover compensation for your losses. Those damages typically fall under two different types.
Economic damages are usually able to be calculated to a total sum that can be awarded. For example, medical bills, lost wages, and other expenses related to the accident are considered economic damages.
Non-economic damages, such as pain and suffering, are considered non-quantifiable damages. In these instances, the total amount awarded is decided by a jury. In some cases, the jury can be given guidelines to help them understand how much to grant, but the decision is up to their best judgment based on the extent of the injury and the loss suffered.
If you or a family member has been the victim of a medical error and have suffered loss, you could have a claim for compensation. Call Chalik & Chalik Injury Lawyers at
(855) 529-0269 for a free consultation and to learn more about how to sue a plastic surgeon for medical malpractice in Florida.
For a free legal consultation, call (855) 529-0269