FAQ’s

To have a successful medical malpractice case, you must first prove that your cosmetic surgeon failed to provide medical care below a reasonable standard and as a result, you were harmed in some fashion. Medical records, and subsequently, testimony under oath, must reveal that the doctor, facility, or practitioner acted out of negligence and as a result, that negligence caused your injuries.

If the claim is settled out of court between the parties, as a client, you will have the final say in accepting or rejecting the amount offered. The attorney will provide his legal opinion to effectively assist you in deciding.

If the court makes that decision, then a multitude of factors will be considered including how the injury affects your future earnings, inhibits your life functions, and, of course, the severity of your injuries will play a large part because of past, present and future medical expenses, and the pain and suffering you experienced as a result of being injured and any other financial damages that the injury has caused you.

Many cosmetic surgery malpractice cases are settled out of court due to the nature of the legal charges levied against a doctor and/or the doctor's record of suits brought about because of errors made during surgery. Sometimes, a medical malpractice case involving a cosmetic surgical mistake can be more difficult to resolve and parties do not agree upon the burden of proof being met. An offer for settlement might be made but if the amount is not deemed reasonable and denied by the plaintiff/victim, the case will inevitably end up in court for a judge to decide the verdict.

Each state has a different statutory period for a victim to file their claim. In the state of Florida, the statute of limitations for a medical malpractice claim is two years from the time the injury was sustained. This may be extended to four years in cases where the injury wasn’t immediately discoverable. However, this is not the case in most cosmetic surgery malpractice cases. Once the statute of limitations has expired, a patient is forever barred from pursuing their case.