Palm Beach/West Palm Beach Plastic Surgery Error Lawyers
Plastic surgery is often chosen with the expectation of improving appearance, restoring function, or correcting an earlier condition. When negligent medical care causes a complication instead, the effects can reach far beyond disappointment with the cosmetic result. Infection, nerve damage, tissue loss, organ injury, permanent scarring, or another unexpected medical problem may lead to hospitalization and additional surgery.
Our Palm Beach/West Palm Beach plastic surgery error lawyers represent people harmed by negligent cosmetic and reconstructive care. Sotolongo Law brings more than 20 years of personal injury experience to serious medical injury claims, along with a background in medical malpractice defense that helps our legal team understand the medicine behind surgical complications.
Patients in Palm Beach and West Palm Beach may receive cosmetic care through a physician’s office, outpatient surgery setting, ambulatory surgical center, or hospital. When complications lead to emergency care or corrective treatment from another provider, records from each stage can help explain whether the original procedure and follow-up care met accepted medical standards.
Plastic Surgery Errors Can Happen Before, During, or After a Procedure
Every surgical procedure carries risks, and the development of a complication does not by itself establish malpractice. The medical history becomes important when determining whether the injury was a recognized risk of appropriately performed surgery or resulted from a preventable error.
Problems may begin with patient selection and preoperative planning. A surgeon should consider the patient’s health history, medications, prior procedures, testing, and other factors that may affect whether a procedure can be performed safely. The surgical plan should also account for the type and extent of the operation being proposed.
Errors during surgery may involve technique, damage to surrounding tissue, nerves or blood vessels, anesthesia problems, excessive blood loss, or another preventable injury. Some complications become apparent immediately, while others emerge over the days that follow.
The medical team’s response also matters. A developing problem that is recognized promptly may require additional monitoring or treatment. A delayed response can allow an infection, wound problem, neurological injury, or other complication to become considerably more serious.
At Sotolongo Law, we evaluate the entire course of treatment rather than focusing only on the final appearance. Operative records, photographs, postoperative communications, hospital records, and corrective treatment may all help explain what happened.
BBL and Liposuction Claims Involve Procedure-Specific Safety Issues
Brazilian butt lifts and liposuction require careful surgical technique and close attention to anatomy. These procedures may also be performed together or combined with other cosmetic surgeries, increasing the amount of medical information that must be considered when a serious complication develops.
A Brazilian butt lift generally involves removing fat through liposuction and transferring it to the buttocks. Florida Statutes § 458.328 contains specific requirements for gluteal fat grafting performed in office surgery settings. Among other protections, the statute requires fat to remain in the subcutaneous space above the fascia overlying the gluteal muscle and requires ultrasound guidance, or another authorized equivalent technology, while the physician places and navigates the cannula for fat injection.
The statute also requires the physician to conduct an in-person examination no later than the day before the procedure. Fat extraction and gluteal fat injection must be performed by the physician, and office surgery settings performing gluteal fat grafting must maintain the required one-physician-to-one-patient ratio during the procedure.
These requirements can make the details of the operative record especially significant after a BBL injury. Documentation may help establish how the procedure was performed, who performed each portion, what guidance was used, and what occurred if the patient’s condition changed.
Liposuction raises other concerns involving fluid management, bleeding, anesthesia, infection, and injury to internal structures. Florida’s office-surgery statute also includes registration requirements for offices performing certain liposuction procedures.
When several cosmetic procedures are performed during the same surgical session, the overall duration and complexity of the operation can become relevant as well. The complete plan should be reviewed rather than examining each procedure in isolation.
Follow-Up Care Can Determine How Serious a Complication Becomes
Plastic surgery recovery often takes place outside a hospital, which makes communication between the patient and medical provider especially important once the person has gone home.
Some pain, swelling, and bruising may be expected after surgery. Increasing redness, drainage, fever, worsening pain, shortness of breath, unusual swelling, skin discoloration, weakness, or a general decline may signal a complication that deserves further evaluation.
Infection is one of the serious problems that can develop after cosmetic surgery. A severe postoperative infection may require intravenous antibiotics, drainage, removal of damaged tissue, hospitalization, or reconstructive procedures. In advanced cases, infection can spread through the body and become life-threatening.
The record of what happened after discharge may therefore be just as important as the operative report. Phone calls, text messages, portal communications, photographs, office visits, prescriptions, and instructions given by the medical team can establish when symptoms were reported and how providers responded.
Emergency department records or treatment from another surgeon can provide additional information. A new provider may identify an infection, tissue damage, wound breakdown, or another condition that had become more advanced by the time corrective care began.
A delayed response can change both the medical outcome and the extent of treatment necessary to address the problem. Reconstructing that timeline helps show whether earlier intervention could have reduced the harm.
Corrective Surgery, Scarring, and Other Lasting Effects May Shape the Claim
Plastic surgery injuries can affect both health and appearance. A person who expected a limited recovery may instead face months of wound care, another operation, extended time away from work, or permanent changes to the body.
Corrective surgery may be needed to remove infected material, repair injured tissue, revise an earlier procedure, or address scarring and disfigurement. Records from the later operation can also provide evidence about the condition created by the original procedure.
Nerve damage may cause chronic pain, numbness, weakness, or loss of sensation. Tissue damage can lead to necrosis, wound problems, significant scarring, or the need for reconstructive care. Other complications may affect mobility, daily activities, or a person’s ability to return to work.
The consequences can also be emotional. A permanent physical change after an elective cosmetic procedure may affect confidence, relationships, and quality of life in ways that extend beyond the physical injury.
A malpractice claim may account for additional medical expenses, future corrective treatment, lost income, pain and suffering, scarring, disfigurement, and other losses supported by the evidence. The nature of the damages depends on how the medical error changed the person’s health and recovery.
Sotolongo Law’s medical malpractice defense background helps our legal team evaluate treatment records, surgical decisions, causation, and prognosis. Qualified medical experts may also be needed to determine whether the care met accepted standards and what future treatment may be necessary.
Florida Law Governs Plastic Surgery Malpractice Claims
Plastic surgery malpractice generally falls within Florida’s medical negligence laws. Florida Statutes § 766.102 requires a claimant to establish that the healthcare provider breached the prevailing professional standard of care and that the breach caused the injury.
Informed consent may also become relevant. Florida Statutes § 766.103, the Florida Medical Consent Law, addresses consent to medical treatment and procedures. The information provided before surgery may include the nature of the procedure, substantial risks and hazards, and reasonable alternatives.
Consent to a procedure does not mean that negligent care is acceptable. A patient may understand that a complication is a recognized surgical risk while still having a claim when the injury resulted from care that fell below accepted professional standards.
Florida’s presuit requirements also apply to many plastic surgery malpractice claims. Florida Statutes § 766.203 generally requires investigation and corroborating medical expert support before litigation, while § 766.106 requires presuit notice to prospective defendants.
Florida Statutes § 95.11(5)(c) governs the limitations period for medical malpractice actions. The statute generally provides a two-year limitations period and a four-year statute of repose, subject to the facts and statutory exceptions.
Because a plastic surgery injury may develop over time, the treatment chronology can become especially important. The date of surgery, first signs of a complication, later hospitalization, corrective procedure, and discovery of the suspected error may all need to be considered.
Frequently Asked Questions About Plastic Surgery Errors in Palm Beach and West Palm Beach
Can malpractice occur even if the cosmetic result looks acceptable?
Yes. A claim may involve a medical injury even when the cosmetic appearance is not the primary concern. Nerve damage, infection, internal injury, chronic pain, or another complication can support a malpractice claim when negligent care caused the harm.
What if another plastic surgeon says I need corrective surgery?
A recommendation for corrective treatment can provide important medical evidence. The second surgeon’s examination, imaging, photographs, and operative findings may help explain what needs to be corrected and why the additional procedure became necessary.
Can a plastic surgery office be responsible for problems with postoperative care?
Potentially. Responsibility may depend on who monitored the patient, received reports of worsening symptoms, provided instructions, and made decisions about additional treatment. The surgeon, nurses, facility, or other healthcare providers may have separate roles.
Can photographs from before and after surgery be used as evidence?
Yes. Photographs may document the patient’s condition before surgery, the progression of a complication, wound healing, infection, tissue damage, scarring, or disfigurement. They are usually most useful when considered together with the medical records.
Does signing a consent form prevent me from bringing a malpractice claim?
No. Informed consent and negligent treatment are separate issues. A signed consent form may document that certain risks were discussed, but it does not excuse medical care that falls below the applicable professional standard.
Contact Sotolongo Law
When plastic surgery leaves you facing corrective treatment, permanent scarring, prolonged recovery, or unexpected health problems, the procedure and the care that followed deserve a closer look. Our attorneys can evaluate the surgical records, postoperative treatment, and later medical findings to determine whether negligent care contributed to the injury.
Contact Sotolongo Law for a free consultation if you or a family member suffered a serious injury following plastic surgery in Palm Beach or West Palm Beach. Our team is prepared to handle medically complex claims involving surgeons, facilities, insurers, and other well-resourced defendants while providing the personal attention of a boutique practice. If there is no recovery, there is no attorney fee. Because We Care®.