Medical malpractice is a situation that no one wants to find themselves in, but the reality is that it happens all the time in Florida and across the country. Medical malpractice cases are almost always complicated, time-consuming and stressful. If you have been injured because of a medical professional’s carelessness or mistake, you may be entitled to receive monetary damages. Our hard-working Miami medical injury lawyers will examine your case and help you understand your rights and options under the law.
A father and son team who have already settled 290 medical malpractice lawsuits for botched breast-implant surgeries that left women disfigured and in severe pain are now facing more malpractice claims. Allergan, the breast implant manufacturer, has also been accused of fraud for paying the surgical duo for thousands of surgeries to replace supposedly defective implants even though, upon closer inspection, the implants showed no defects. According to the lawsuit, the surgeons were one of Allergan’s top 10 breast implant customers in the state of Florida.
Women have consistently claimed in lawsuits that the surgeons made their implants far larger than they had requested. Some women noticed black mold in their implants while others said that the surgeries left them with stabbing pains. A large number of women stated that the procedures left their breasts hardened, misshapen and lopsided. In addition, the women said the surgeons failed to use an anesthesiologist or a nurse anesthetist. Rather, the doctors used ketamine, a tranquilizer as a sedative, which led to hallucinations and patients waking up during surgery.
All doctors, including plastic surgeons, have a responsibility to provide their patients with competent care. If you or a loved one has suffered needless harm because of plastic surgeon’s negligence you may be able to recover damages through a medical malpractice lawsuit. In order establish medical malpractice, the plaintiff bears the burden of proving each one of the following:
- The plastic surgeon owed the patient a duty of care;
- The plastic surgeon violated the duty of care;
- The plastic surgeon’s violation was the direct cause of the patient’s injury; and
- The patient suffered quantifiable harm as a result.
The duty of care denotes the plastic surgeon’s obligation to provide the level of care that a reasonably prudent plastic surgeon performing the same surgery would have provided in the same situation. Typically, an expert witness is used to establish the appropriate duty of care in a given case. It is important to note that every case is different and the duty of care will vary based on a number of factors including, but not limited to: the patient’s age, health condition and medical history.
Unlike other types of personal injury lawsuits, medical malpractice claims require special attention and care. At the Law Offices of Robert Dixon, our skilled Miami medical malpractice attorneys understand how to investigate and build a strong malpractice claim. We are committed to holding negligent healthcare providers accountable for the harm and interruption they cause to a patient’s life. To speak to us in more detail about your case, please contact us online or call us today at 1-877-499-HURT (4878).