Sometimes surgeries go wrong. Moreover, a wrongful death lawyer may be needed in some of the cases, even if the procedure was cosmetic in nature. If a surgeon does not use prudent care when performing an operation, he or she is liable for a patient’s injuries or for any complications that lead to their death.
Using the Services of a Medical Malpractice and Wrongful Death Lawyer
In the instance of a wrongful death lawsuit in LA, the surviving family members need to direct their case to a legal consultant who is familiar with plastic surgery malpractice. A plastic surgery wrongful death lawyer can assist you in settling a claim so you can receive the money needed to pay for medical bills or receive damages for pain and suffering.
A Study on Closed Medical Malpractice Claims: What the Research Revealed
The Doctors Company website revealed some compelling details about closed medical malpractice claims or demands made in writing for payment against plastic surgeons. From July 2015 to December 2018, closed medical malpractice claims showed standards of care needed further investigation in many procedures involving breast augmentation. About 40% of all the studied claims covered this type of procedure.
Many of the reviewers believed the increase in claims was related to the fact that a large volume of patients receives breast implants. Emotional trauma and revisional surgery also comprised two-thirds of the research.
A poor initial medical assessment or a poorly communicated discussion about consent led to these filings. Reviewers emphasized the importance of establishing reasonable expectations for patients. Surgeons should also thoroughly discuss consent forms created by the American Society of Plastic Surgeons (ASPA) and explain the risks.
Improper Medical Management and Poor Performance
Allegations against surgeons primarily centered on improper medical management and poor performance surgically. In some instances, a complication resulted where a more traditional approach would have prevented the issue. Mismanagement was often referenced when surgeons did not manage complications effectively.
According to the study, the procedure known as the Brazilian Butt Lift, or gluteal fat grafting, has the highest death rate of the aesthetic procedures reviewed – as high as 1 in every 3,000 procedures. Family members who consulted a wrongful death lawyer claimed the surgery was improperly performed. In some cases, surgeons failed to follow the ASPS recommendations for fat grafting..
Reviewing Your Wrongful Death Complaint
If you consult with a plastic surgery malpractice attorney CA specialist about wrongful death, he or she will review your case, making sure it features the four elements of negligence. These four conditions for filing a lawsuit include the following:
- The surgeon owed the patient a duty to show reasonable care during a surgery
- The surgeon breached this duty
- In turn, the action caused an injury or, eventually, death
- Direct harm or death occurred as a result
From this information, an attorney can expand their investigation by asking the following questions:
- Did the plastic surgeon, before the procedure, fully discuss the language in the consent form and the expectations for the outcome?
- Was the patient closely managed to prevent any adverse events?
It’s vital that a family in a wrongful death claim substantiate this information and gather the evidence necessary to file their lawsuit and prove their case. When you discuss your case with an experienced plastic surgery malpractice attorney CA litigator, he or she can help you gather the evidence needed to support your testimony.
Top 5 Plastic Surgeries Performed in the U.S.
According to the American College of Plastic Surgeons (ACPS), 5 surgeries top the list of cosmetic surgeries are performed annually. These surgeries include:
- Breast augmentation
- Liposuction
- Rhinoplasty
- Blepharoplasty
- Abdominoplasty
Although buttock augmentation using autologous fat grafting is not in the top five, the surgery is a trending procedure whose popularity continues to grow.
Because of the prevailing wish for people to look their best, plastic surgery offers an opportunity to realize these kinds of goals. However, you still need to proceed with caution, as some surgeons may, because of this general attitude, not always use reasonable care when performing a procedure or when consulting with a patient before or after the process.
Defining Reasonable Care
This may lead you to ask, “How do you define “reasonable care?” In this case, legal academics define reasonable care as the degree of concern and caution a prudent and rational person exercises in a similar situation. Legal practitioners use this standard to determine legal duty and to see if the duty was fulfilled.
Therefore, lawyers use reasonableness subjectively to determine negligence and to see if a defendant in a personal injury case failed to use reasonable care.
For instance, a surgeon who is board-trained must use reasonable care or has a duty to use this care, when practicing medicine. This duty arises because the physician is obligated to employ their knowledge and skills responsibly.
Questions the Court May Ask
The court may review certain issues to determine whether the surgeon used reasonable care by asking the following:
- What was the physician’s knowledge about the procedure?
- What was his or her level of training?
- Was a thorough exam of the patient performed?
- Were all the facts that were given taken into account?
- Were acceptable procedures applied?
- What were the circumstances surrounding the case?
These questions and other facets of a wrongful death lawsuit must be reviewed in their entirety to realize a successful outcome. Therefore, things can get complex. That is why you need to rely on the skills and qualifications of a top wrongful death lawyer.
Speak to a Wrongful Death Lawyer Who Is Top in His Field
If you have a plastic surgery case that you want to discuss with a wrongful death lawyer, call Belal Hamideh, a legal expert in the field, at (562) 526-1224 now. The sooner you act, the sooner you can receive both justice and compensation for your wrongful death lawsuit.