Can You Sue Your Plastic Surgeon in Florida if You Do Not Like the Results?
Gregg Hollander | March 18, 2022 | Medical Malpractice
If you received plastic surgery and didn’t like the results, the plastic surgeon may be financially responsible. Under Florida law, if your plastic surgeon’s mistake resulted in damages, you could sue them for medical malpractice.
If you didn’t sustain any injuries but you’re generally unhappy with the results, you may still be able to sue under theories of breach of contract.
Plastic Surgery and Cosmetic Surgery Basics
Cosmetic surgery and plastic surgery are not the same, although they are often used interchangeably.
Plastic surgery broadly focuses on the reconstruction or repair of the body and is frequently used to correct deformities or injuries. Many kinds of plastic surgery aim to fix the physical damage that a patient has suffered, such as severe burns or trauma. Examples of reconstructive plastic surgery procedures include burn repair surgery and scar revision surgery.
On the other hand, cosmetic or aesthetic surgery is a type of plastic surgery intended to enhance one’s outward appearance (beauty or body image). Because these procedures do not affect the functionality of a body area and are generally performed on otherwise normal body parts, they are considered elective. Examples of cosmetic surgery include breast enlargements, eyebrow lifts, and liposuction.
Since cosmetic surgery is an elective procedure, health insurers seldom pay for it. Many people who want to undergo cosmetic surgery must pay for it out of their own pockets. However, reconstructive plastic surgery is often medically necessary, so it is more likely to be covered by insurance.
What is a Breach of Contract in a Plastic Surgery Case?
A contract is created when a patient and plastic surgeon agree on a treatment method. A contract can be formed even if nothing is written, such as when a patient relies on statements made by the surgeon during a consultation. If the plastic surgeon does not fulfill the pledged surgery you agreed upon, it may constitute a breach of contract.
To sue for breach of contract, you must prove that the surgeon failed to perform the procedure per your agreement. For example, if a surgeon inserts the wrong implant size during a breast enlargement surgery, you may have a breach of contract claim.
If you win a lawsuit for breach of contract, you might only recover economic damages. Compensation for pain and suffering or loss of enjoyment of life might not be available.
What is Medical Malpractice?
Patients undergo plastic surgery for many reasons. Although surgeons cannot guarantee optimal results, patients should expect their surgeons to perform up to professional standards.
Surgeons can use state-of-the-art computer software or additional imaging methods to show patients what they will look like after their procedure. Some patients may not be satisfied with their surgery. While this is certainly difficult to accept, proving unsatisfactory outcomes in a plastic surgery case is not identical to proving medical malpractice.
For a medical malpractice claim, you must prove that the physician was negligent by demonstrating that:
- The surgeon owed you a duty of care, usually established by a doctor-patient relationship;
- The surgeon breached their duty of care to you;
- The surgeon’s breach of duty was the actual and proximate cause of your injury; and
- You suffered damages as a result of the surgeon’s actions.
Note that for medical malpractice to apply, the surgeon must have induced an injury or lasting physical harm; it is not enough that you are dissatisfied with your results.
Should I Seek Help from a Lawyer in Florida If I Do Not Like My Plastic Surgery Results?
It can be difficult to sue surgeons in Florida for plastic surgery or cosmetic procedures, particularly when you do not like the results but didn’t suffer an injury.
To maximize your recovery, it is best to consult with a local personal injury attorney, who can assess your case and determine the best course of action based on your circumstances. If you received plastic surgery and are unhappy with your results or suffered an injury, call an attorney today to see if you are entitled to compensation.
Contact Our Medical Malpractice Law Firm in South Florida
If you’ve been injured in an accident, please contact the location nearest you for a free consultation:
Hollander Law Firm Accident Injury Lawyers – Boca Raton Law Office
7000 W Palmetto Park Rd #500
Boca Raton, FL 33433
Hollander Law Firm Accident Injury Lawyers – Fort Lauderdale Law Office
1975 E Sunrise Blvd Suite 702
Fort Lauderdale, FL 33304
Hollander Law Firm Accident Injury Lawyers – West Palm Beach Law Office
319 Clematis St #203
West Palm Beach, FL 33401