Body modifications, such as getting breast implants, have become commonplace these days. Medical technologies have improved to the point where if you do not like something about your body, there might be a way to change it.
The trust we place in physicians to perform these procedures has grown substantially over the last several decades. However, some physicians still bungle procedures and cause significant health risks documented by the Food and Drug Administration (FDA) by failing to meet the established standard of care.
Qualified, well-trained doctors perform breast augmentation surgery every day in Southern California. Not every procedure goes well, especially when doctors ignore the available evidence and do not meet established treatment standards. If you experience one of these botched breast augmentation surgeries, you might have grounds to file a medical malpractice lawsuit against the physician who performed it.
A civil lawsuit could provide you with compensation for your expenses related to fixing the problems that the physician caused. A Los Angeles breast augmentation lawyer can guide you through the process of filing a lawsuit. Contact the office of Pintas & Mullins Law Firm today at (800) 614-2067 for a free case consultation with a team member.
Medical Malpractice for Breast Augmentation
A botched breast augmentation surgery falls under the medical malpractice statutes. Medical malpractice happens when a physician fails to meet the standard of care established by the industry. A physician might also ignore available evidence when determining how to treat a patient. For example, a doctor who orders a CT scan but refuses to look at the results before deciding on a treatment method might have committed medical malpractice.
With breast augmentation, medical malpractice can take several forms. For example, a doctor who fails to do extensive research into the patient’s medical history or complete a comprehensive physical exam prior to performing surgery might be liable for medical malpractice.
The medical industry has established a standard of care with a specific set of rules and procedures that healthcare providers must follow to ensure that a patient qualifies for the procedure. Failing to do this due diligence leaves the physician open to a medical malpractice lawsuit if their failure results in serious medical issues.
Determining Liability
Liability in a breast augmentation medical malpractice case will largely depend on the circumstances of the situation. In most cases, you can hold the doctor responsible for the problems that arise after a botched surgery.
Most physicians have liability and medical malpractice insurance for these situations, meaning that an insurance company will handle the case and pay out any damages awarded to you. In many cases, you will negotiate directly with the insurance company to reach a settlement. Negotiations can become complicated, and you might want to hire a Los Angeles breast augmentation lawyer to handle them for you. Call Pintas & Mullin Law Firm today to learn more.
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Seeking Compensation
Medical malpractice lawsuits focus on recovering compensation for the expenses related to the resulting injuries you suffer. These expenses can include emergency room visits, ongoing medical care, and further reconstructive surgeries to fix any damage.
You also might seek an award for pain and suffering following a botched surgery to address your physical pain and emotional stress you have felt. A medical malpractice attorney bases what to request for this type of compensation, not on tangible evidence (such as medical bills) but the impact of your trauma on your life. The judge might also award punitive damages intended to punish the physician to prevent similar actions in the future.
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Statutes of Limitations
While medical malpractice cases may take a while to resolve, you only have a limited amount of time to file a lawsuit. The statute of limitations sets the legal time limit for when you can file a lawsuit to motivate victims to act in a reasonable timeframe.
CCP § 340.5 has two clauses that establish the statute of limitations for medical malpractice cases in California. You have one year from the day that you find out about your injury to file a lawsuit, up to three years from the date that the injury occurred.
The statute of limitations applies to whichever clause ends first. That means if you do not discover your injury until a year after your surgery, you have one year to file your lawsuit. Alternatively, discovering your injury 2½ years after your operation means you only have six months to file your lawsuit since the three-year deadline will run out first.
To avoid problems with the statute of limitations, you might want to contact a medical malpractice lawyer to discuss your situation.
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Understanding Your Rights
As the physician’s patient, you are entitled to a recognized standard of care. Physicians must perform extensive due diligence to ensure that you are a proper candidate for the procedure. The physician also must do what is necessary to prevent you from becoming injured by his work. When a physician fails to uphold either of these two requirements, this creates a case for a medical malpractice lawsuit.
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Seeking Legal Action
Because a physician failed to uphold the standard of care in performing your breast augmentation surgery, you have the right to file a lawsuit to recover compensation for any expenses needed to fix the problem.
While you could take legal action on your own, it could be in your best interest to hire a medical malpractice lawyer. An attorney can defend your rights, navigate the legal system, and streamline the process of seeking compensation. Consult a Los Angeles breast augmentation lawyer if you have questions regarding your next legal steps.
Schedule a Consultation with a Breast Augmentation Lawyer
If you or a loved one suffered injuries in a medical malpractice case involving breast augmentation surgery, you could file a lawsuit to recover compensation for any expenses needed to facilitate your recovery. Call the office of Pintas & Mullins Law Firm at (800) 614-2067 today for a free consultation with a team member about your case. Learn how our Los Angeles breast augmentation lawyers can help you fight for the justice and compensation you deserve.
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