Fort Lauderdale Plastic Surgery Error Lawyers
Plastic surgery may be elective, but the medical decisions surrounding it are still governed by professional standards of care. A patient who expected a limited recovery may instead need emergency treatment, hospitalization, wound care, or another operation after an infection, tissue injury, nerve damage, or other complication develops.
Our Fort Lauderdale plastic surgery error lawyers represent patients harmed by negligent cosmetic and reconstructive care. Sotolongo Law brings more than 20 years of personal injury experience to medically complex claims, together with a background in medical malpractice defense that helps our legal team understand surgical technique, postoperative complications, medical records, and the issues that frequently arise when plastic surgery injuries are disputed.
Plastic surgery may be performed in physician offices, outpatient surgery settings, ambulatory surgical centers, or hospitals around Fort Lauderdale. The setting, procedure, providers involved, and medical response when something goes wrong can all affect how a claim is evaluated.
The Surgical Setting Can Matter When Plastic Surgery Goes Wrong
The place where a cosmetic procedure is performed can affect the resources available before, during, and after surgery. Some procedures take place in hospitals or licensed surgical facilities, while others are performed in registered office surgery settings.
Preoperative planning should account for the patient’s medical history, medications, prior procedures, and conditions that could affect anesthesia, bleeding, infection risk, or wound healing. The number and type of cosmetic procedures planned during one session may also affect the length and complexity of the operation.
Problems can arise when appropriate precautions are not taken before surgery or when a complication develops during the procedure. Excessive blood loss, anesthesia problems, respiratory distress, injury to surrounding structures, or sudden changes in a patient’s condition may require immediate medical intervention.
The recovery setting matters as well. A patient who is discharged after surgery needs appropriate instructions about medications, wound care, activity restrictions, and symptoms that require further evaluation. The medical team should also have a plan for responding when the patient reports that recovery is not progressing normally.
Records from the office or facility may help establish who participated in the procedure, what monitoring occurred, when the patient was discharged, and what happened if the patient became unstable or later reported complications.
Florida Has Specific Safety Rules for BBL and Liposuction Procedures
Brazilian butt lifts and liposuction are important areas of plastic surgery malpractice because both procedures involve risks that depend heavily on anatomy, technique, and appropriate monitoring.
A Brazilian butt lift generally involves removing fat through liposuction and transferring it to the buttocks. Florida Statutes § 458.328 establishes requirements for gluteal fat grafting performed in office surgery settings.
Among other requirements, the physician must conduct an in-person examination of the patient no later than the day before the procedure. Fat extraction and gluteal fat injection must be performed by the physician, subject to the statute’s rules concerning delegation of other duties.
Florida law also limits fat injection to the subcutaneous space above the fascia overlying the gluteal muscle. Ultrasound guidance, or another authorized technology providing equivalent or greater guidance, must be used while the cannula is placed and navigated during fat injection.
The statute also includes requirements concerning office surgery registration and safety practices. Liposuction procedures involving specified amounts of removed fat can trigger registration requirements for the office where surgery is performed.
When a BBL or liposuction patient suffers a major complication, the operative record can become especially important. Documentation may help establish how the procedure was performed, who performed each part, what guidance was used, how much tissue was removed, and how the patient responded during recovery.
Combined cosmetic procedures can add another layer. Liposuction may be performed with abdominal surgery, breast procedures, or other operations during the same session. The overall duration of surgery, fluid management, anesthesia, and postoperative condition may all need to be considered together.
Postoperative Messages Can Show When a Complication Was Missed
Plastic surgery patients often spend much of their recovery outside the surgical facility. That makes communication after discharge an important part of the medical history.
Pain, swelling, and bruising may occur during an ordinary recovery. Worsening pain, fever, drainage, increasing redness, skin discoloration, wound separation, shortness of breath, weakness, or a general decline can signal a problem that needs further evaluation.
Postoperative infection can become especially dangerous when treatment is delayed. A patient may eventually need intravenous antibiotics, drainage, debridement, removal of infected or damaged tissue, hospitalization, or reconstructive surgery.
Communications with the surgeon or office can help establish how the complication progressed. Text messages, phone calls, photographs, portal messages, prescriptions, and office notes may show when the patient first reported symptoms and what response followed.
A patient may be told that swelling or pain is normal, only to seek emergency treatment when the condition becomes worse. Records from the emergency department or another physician can then provide an independent picture of the patient’s condition at that point.
Those later findings may show infection, tissue necrosis, wound breakdown, internal injury, or another complication requiring urgent treatment. Comparing the patient’s earlier reports with the subsequent medical findings can help establish whether a more timely response could have reduced the harm.
Corrective Treatment Can Reveal the Extent of the Injury
The medical consequences of a plastic surgery error may become clearer when another physician begins treating the complication.
Corrective care can include wound treatment, removal or replacement of implants, repair of damaged tissue, treatment of infection, or revision of the original procedure. In some cases, several additional procedures are needed before the patient reaches a stable result.
A corrective surgeon’s records may document tissue damage, infection, nerve injury, scarring, misplaced material, or another condition that was not fully apparent from the original provider’s notes. Operative findings from a later procedure can help explain why the patient’s recovery went off course.
Photographs also play an important role in many cosmetic surgery claims. Images taken before surgery, during recovery, after symptoms worsened, and throughout corrective treatment may document wound progression, tissue loss, scarring, disfigurement, or other physical changes.
The losses can extend beyond the expense of another procedure. Time away from work, chronic pain, numbness, reduced mobility, future medical treatment, permanent scarring, and disfigurement may all affect the claim.
Sotolongo Law’s experience with medically complex cases helps our attorneys work through the relationship between the original procedure, later medical findings, and the treatment still expected. Qualified experts may also be needed to address surgical technique, infection, anesthesia, causation, and future care.
Florida Law Addresses Negligence, Consent, and Presuit Review
Florida Statutes § 766.102 governs the prevailing professional standard of care in medical negligence claims. A plastic surgery malpractice case generally requires proof that a healthcare provider breached that standard and that the breach caused the patient’s injury.
Florida Statutes § 766.103, the Florida Medical Consent Law, may also apply when the dispute involves the information provided before surgery. Informed consent can involve the nature of the procedure, substantial risks and hazards, and reasonable alternatives.
Consent to a recognized surgical risk is different from accepting negligent treatment. A signed consent form does not excuse a surgeon or other provider from meeting the applicable standard of care.
Florida also requires a presuit investigation before medical negligence litigation generally proceeds. Section 766.203 requires reasonable grounds for the claim to be supported by a verified written medical expert opinion, while § 766.106 requires presuit notice to prospective defendants.
Florida Statutes § 95.11(5)(c) governs the time available to bring a medical malpractice action. The law generally provides a two-year limitations period measured from the incident or from when it was discovered or should have been discovered through due diligence, along with a four-year statute of repose and specified exceptions.
Plastic surgery claims can involve several important dates, including the procedure, first signs of a complication, communications with the surgical office, later hospitalization, and corrective treatment. That medical chronology can become important when evaluating both the substance and timing of a claim.
Frequently Asked Questions About Plastic Surgery Errors in Fort Lauderdale
Can malpractice occur when plastic surgery is performed in a doctor’s office rather than a hospital?
Yes. The applicable duties depend on the procedure and setting, but performing surgery in an office does not remove the provider’s obligation to meet accepted medical standards. Florida also imposes specific requirements on registered office surgery settings and certain procedures.
What if my surgeon said my photographs showed a normal recovery, but another doctor later diagnosed an infection?
The communications and photographs may become important evidence. They can help establish what symptoms were visible, when they were reported, what advice was given, and how the condition progressed before another provider diagnosed the complication.
Can performing several cosmetic procedures at once affect a malpractice case?
Potentially. Multiple procedures can affect surgical time, anesthesia, fluid management, blood loss, and recovery. The entire surgical plan and the patient’s condition should be considered when evaluating what caused a complication.
Can anesthesia problems be part of a plastic surgery malpractice claim?
Yes. A claim may involve medication dosing, airway management, oxygenation, monitoring, or another anesthesia-related issue. Responsibility depends on the providers involved and the medical circumstances.
What if I traveled to Fort Lauderdale for plastic surgery and live somewhere else?
Living elsewhere does not by itself prevent a claim arising from medical care received in Fort Lauderdale. The location of the treatment, providers involved, and other circumstances help determine how the case proceeds.
Contact Sotolongo Law
When cosmetic surgery leads to infection, tissue damage, nerve injury, corrective procedures, or permanent changes in appearance or function, the care before and after the operation deserves careful review. Our plastic surgery malpractice attorneys can examine the surgical records, postoperative communications, photographs, and later treatment to determine whether negligent care contributed to the injury.
At Sotolongo Law, we represent patients dealing with serious complications from negligent plastic surgery in Fort Lauderdale. Our team combines more than 20 years of personal injury experience with the medical knowledge needed to evaluate surgical technique, postoperative complications, and corrective treatment. Contact us for a free consultation. We collect no attorney fee unless we recover compensation on your behalf.