Cosmetic surgery is supposed to help people feel more confident. Florida, and South and Northeast Florida in particular, has become one of the busiest cosmetic surgery markets in the country, with procedures such as the Brazilian butt lift (BBL), liposuction, tummy tucks, and breast augmentation offered at clinics of every size.
But not every provider meets the standard of care. When a procedure goes wrong because of a surgeon’s or clinic’s negligence, patients can be left with disfigurement, chronic pain, infections, additional surgeries, and in the worst cases, fatal complications. At Terrell Hogan Law, our attorneys have handled complex medical malpractice cases for decades, and we know what it takes to hold providers accountable.
Unhappy result or malpractice? Knowing the difference
Not every disappointing cosmetic outcome is malpractice. Surgery carries risk, and a result you do not like is not automatically negligence. Medical malpractice occurs when a provider fails to meet the accepted standard of care, and that failure causes injury. Examples may include:
- Performing a procedure without proper training or credentials
- Operating in an unaccredited or unsafe facility
- Improper anesthesia administration or monitoring
- Performing too many procedures in one session, or too many surgeries in one day
- Failure to screen a patient for risk factors before surgery
- Surgical errors, such as fat embolism during a BBL or organ perforation during liposuction
- Inadequate post-operative care, or ignoring signs of infection or blood clots
- Failure to obtain informed consent about the real risks
Florida has adopted specific safety standards for BBL procedures performed in office surgery settings after a series of deaths. A provider who ignores these rules may be exposed to significant liability.
Florida medical malpractice claims have strict rules
Medical malpractice cases in Florida are among the most procedurally demanding cases in the legal system. Before a lawsuit can even be filed, Florida law requires a pre-suit investigation process, including:
- A reasonable investigation by your attorney to confirm there are grounds for a claim
- A corroborating written opinion from a qualified medical expert
- A formal notice of intent to the provider, which starts a 90-day pre-suit period for investigation and possible settlement
Missing a step can sink an otherwise valid case. This is not the kind of case to handle on your own or with a firm that does not regularly practice medical malpractice. You can learn more on our Jacksonville medical malpractice practice page.
Deadlines for Florida medical malpractice claims
In general, a Florida medical malpractice claim must be brought within two years from when the injury, and the possibility that it was caused by negligence, was discovered or should have been discovered. There is also an outer limit, generally four years from the date of the incident, with limited exceptions such as fraud or concealment. Because the pre-suit process takes time, it is important to speak with an attorney as soon as you suspect something went wrong.
What compensation is available?
- Cost of corrective or reconstructive surgery
- Past and future medical expenses
- Lost wages and lost earning capacity
- Pain and suffering
- Compensation for scarring and disfigurement
- Emotional distress
- Wrongful death damages for families who have lost a loved one
What to do if you suspect cosmetic surgery malpractice
- Get medical care right away from a different, qualified provider.
- Request a complete copy of your medical records, including consent forms and operative notes.
- Take photos documenting your condition over time.
- Keep all receipts, financing agreements, and communications with the clinic.
- Do not sign any release or refund agreement from the provider before speaking with an attorney.
Why choose Terrell Hogan Law
- Serving Jacksonville and Florida since 1974
- Over $1 billion recovered for clients
- Experience with the medical experts and pre-suit requirements these cases demand
- No fee unless we win
If you or a loved one was harmed by a cosmetic procedure, contact Terrell Hogan Law for a free, confidential consultation.
