Can I sue my plastic surgeon for a bad surgery? - Accident Law Questions and Answers- LawQA.com

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Can I sue my plastic surgeon for a bad surgery?

I had surgery to remove excess skin following dramatic weight loss. The results are very poor and I look like a freak now. I am very emotionally distraught by all of this.


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Poor results from plastic surgery are not in and of themselves evidence of a malpractice. In order to prove a malpractice you will need another doctor who who is knowledgeable of that procedure to testify that the original surgeon breached the standard of care that a patient had a right to expect, and that said breach was the cause of your damages.

Answer Applies to: Maryland
Replied: 1/2/2012

Answer By Travis Siegel

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In theory, you can sue anyone for anything. The issue will be whether an attorney agrees to take your case and files it. To have a valid case against the plastic surgeon, you have to prove that they violated the standard of care, which is what a reasonable plastic surgeon would have done in your particular situation. Plastic surgery cases are difficult to win because whether a doctor acted reasonably is much different from whether the patient is happy with the result. A lot of patients are nothappy with the outcome and typically, the physician explains that possibility to the patient both verbally and in writing.Another plastic surgeon would need to look at your case and evaluate whether your surgeon acted reasonably. Good luck.

Answer Applies to: California
Replied: 12/30/2011

Answer By Ray Critchett
E. Ray Critchett, LLC
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Generally, if you are the victim of medical malpractice, you only have 1 year from the date you knew or should have known of the malpractice. If you believe you are a victim of such actions, I would recommend contacting an attorney sooner rather than later. It may help the attorney if you have documentation of before and after photographs of the areas.

Answer Applies to: Ohio
Replied: 12/30/2011

Answer By Jared Altman
Law Office of Jared Altman
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A bad result is not necessarily malpractice. You would need a second plastic surgeon to say that thee first one botched the job.

Answer Applies to: New York
Replied: 12/30/2011

Cary J. Wintroub & Associates
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A bad outcome does not necessarily mean malpractice. Proof of deviation from the standard of care may present a basis to proceed.

Answer Applies to: Illinois
Replied: 12/29/2011

Answer By Andrew Velonis
Andrew T. Velonis, P.C.
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In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. You would have to find out exactly what the surgeon did and how he did it as well as what the accepted practices & standards are for this type of surgery. Ultimately you would have to hire an expert witness (meaning, another plastic surgeon) to review the records and determine what went wrong.

Answer Applies to: New York
Replied: 12/29/2011

Answer By Bernard Huff
Bernard Huff, Attorney/Mediator
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Consult with and/or retain a plaintiff's medical malpractice lawyer for specific legal advice and direction. Many states have administrative procedures which must be complied with before bringing a lawsuit.

Answer Applies to: Indiana
Replied: 12/29/2011

Law Office of Ronald Arthur Lowry
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That is a type of medical malpractice case that is, unfortunately, becoming more common. You will need an attorney that is skilled at medical malpractice cases. Most lawyers do not know how to do med-mal but will not admit that. If you do not know which lawyer to contact about this call me and I will refer you to the best med-mal attorney in your area at no charge to you.

Answer Applies to: Georgia
Replied: 12/28/2011

Answer By Robert Kelly
R. D. Kelly Law Firm, P.L.L.C.
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Medical malpractice cases in the great State of Washington are governed by statutes. RCW 7.70. (http://apps.leg.wa.gov/RCW/default.aspx?cite=7.70). The main question is usually whether the health care provider failed to follow the accepted standard of care in the field. RCW 7.70.030. There can also be causes of action for health care providers making promises they didn't fulfill, or acting without the informed consent of the patient. These cases are extremely difficult and require the testimony of an expert witness. Miller V. Jacoby, 102 Wn. App. 256 (2000). (You can read relevant cases at the MRSC website.) Doctors are trained to work cooperatively (unlike lawyers who are trained to be adversarial), so doctors are often reluctant to testify against each other. Doctors who are willing to testify as expert witness usually charge significant quantities of money to do so, and often must be flown in from out of State.

Answer Applies to: Washington
Replied: 12/28/2011

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