Plastic surgery procedures among women are quite popular throughout the US, but these procedures often come under scrutiny, either because in many cases they are deemed to be unnecessary, or because there are dangers inherent to having some of these types of surgeries performed. According to WebMD, the most popular procedures are liposuction, eyelid surgery and breast augmentations. Nose jobs and facelifts are also quite common.
Though done on a daily a basis, these operations still remain problematic at times, with concerns over the possibility of a substantial risk of injury. When problems do occur, the victim may have grounds for a medical malpractice claim against the physician. Local area physicians should purchase Miami FL malpractice insurance to deal with the likelihood that they could be named in a lawsuit.
Medical malpractice concerns among Florida doctors
In 2003, the Florida legislature passed laws to cap non-economic damages in medical malpractice cases at $500,000. This includes compensation for any pain and suffering that stems from any medical injury. The law, passed in response to the recommendations of a governor appointed task force, had those limitations later challenged in court as part of a childbirth injury case.
On appeal, the Florida Supreme Court ruled that the law violated the Florida State Constitution, by placing undue burdens on injured parties. Though struck down, proponents of this law continued working towards medical malpractice award limits.
With the continuing parade of both men and women opting for plastic surgery solutions, as a medical professional you should understand that the risks of being embroiled in a medical malpractice suit can be fairly high, so it is important that you secure adequate amounts of insurance in order to protect your business and any personal assets that you may own.
Lawsuits that generally arise out of problems related to cosmetic surgery tend to fall into one of three categories: breach of contract, breach of warranty, and medical negligence.
If it is a case of a cosmetic surgery procedure that produces an undesired or medically dangerous result, a patient may then be able to sue the surgeon citing one or more of these theories.
But the patient will be required to prove different elements in order to prevail in a lawsuit. Medical professionals must therefore document everything that is agreed upon, inform the patient of any risks associated with the procedure in question, and have them sign any waivers that may absolve them of any wrongdoing whenever possible. No Florida physician should ever be involved in performing medical procedures without having a Miami FL malpractice insurance policy currently in force.