How to Take Legal Action Against a Plastic Surgeon

Learn how to take legal action against a plastic surgeon.

If your plastic surgeon performs work that you are not happy with, you may be able to take legal action or sue in a court of law. This legal action will take the form of a civil lawsuit. Most often, the legal action is a medical malpractice action. In the United States, this means that tort law rules apply, which vary from state to state. Still, tort law rules have some commonalities across different locations, and to pursue your case, there are several key steps to follow.

Instructions

1. Seek a second opinion from a doctor. Medical malpractice cases hinge on a reasonable doctor standard. All doctors, including plastic surgeons, have a duty to treat you with a reasonable degree of care. If your doctor's treatment fell short of what a reasonable doctor would have done, he can be liable for malpractice. In order to prove the breach, however, you will need to have one or more expert witnesses testify as to his lack of reasonable care. As such, if you visit another plastic surgeon and that plastic surgeon believes that the doctor performed the surgery badly, this is a good indication that you may actually have a solid case against him.

2. Contact a personal injury medical malpractice attorney. It is very difficult to bring a civil lawsuit against a plastic surgeon yourself. These cases rarely take place in small claims court, unless you want to limit your recovery to $5,000 or the maximum in your small claims court (maximums vary by state but are usually around the $5,000 mark). As such, there are strict rules in regards to the types of motions and pleadings that can be filed, as well as the method for filing. For example, to begin a lawsuit, you must file a legal brief to the court explaining what your grounds and cause of action are, as well as the actual damages and the law supporting your claim. This involves legal research and citations of cases. In most cases, very strict rules also apply as to how the document must be formatted. As such, hiring an attorney is essential. Many attorneys will be willing to work on a contingency basis, which means they are paid only if you win, so consulting with an attorney at this stage is almost always a good idea.

3. Instruct your attorney to file the lawsuit on your behalf. You will be named as the plaintiff and the plastic surgeon the defendant. He will be served according to the rules of the court system in the state in which you live; then the pre-trial process will begin where you both prepare your cases.

4. Collect evidence of not only your doctor's breach of duty (in the form of expert witnesses and medical reports) but also evidence that you suffered damages. Medical bills that you incurred to correct your plastic surgeon's mistakes are an example of damages. If you missed work and you lost money as a result, keep a record of this as well since you can be compensated for this. Make sure you also have photographic evidence of your surgery to present in court.

References

• Expert Law: Medical Malpractice