Miami Plastic Surgery Malpractice Lawyer
Plastic surgery can change a person’s appearance and improve their confidence and quality of life. But cosmetic procedures are medical procedures, and they carry real risks. When a plastic surgeon, surgical facility, anesthesiologist, nurse, or other healthcare provider provides negligent care, a patient can suffer serious injuries, including severe infections, tissue damage, scarring, organ injury, and the need for additional surgeries.
At Sotolongo Law, we represent patients in Miami and throughout South Florida who have been injured by negligent plastic surgery. Medical malpractice is the firm’s primary focus, and Miami plastic surgery malpractice lawyer Pedro P. Sotolongo brings more than 20 years of experience in this area. He also spent five years defending medical malpractice claims before representing injured patients. That experience gave him an understanding of both the law and the medicine involved in these cases.
Miami has a particularly large cosmetic surgery community, led by liposuction, breast augmentation, and Brazilian butt lifts (BBLs), among others. When something goes wrong, determining whether a complication was an accepted risk or the result of negligent care requires careful medical and legal analysis.
What Is Plastic Surgery Malpractice?
Plastic surgery malpractice is a form of medical negligence. Under Florida law, a patient must prove that a healthcare provider breached the prevailing professional standard of care and that the breach caused the patient’s injury. This standard applies to elective surgeries as well as emergency surgeries, urgent surgeries, and other scheduled therapeutic operations. Regardless of the surgery type, the existence of an injury alone does not establish negligence.
This distinction is important in cosmetic surgery cases. Every procedure carries risks, and patients may experience complications even when a provider follows appropriate medical practices. A claim may arise when the evidence indicates that the surgeon or another healthcare provider failed to provide the level of care expected from a reasonably prudent similar provider and that the failure caused harm.
For example, an infection after liposuction does not automatically mean that malpractice occurred. The investigation may need to determine how the infection developed, whether appropriate infection-control procedures were followed, whether warning signs were recognized, and whether treatment was provided promptly.
BBL and Liposuction Infections in Miami
Serious infections are among the complications that can require close investigation following cosmetic surgery. A patient may develop an infection at an incision site or deeper within the body, sometimes requiring antibiotics, hospitalization, drainage, additional surgery, or intensive care.
In a plastic surgery malpractice case, the question is not simply whether an infection occurred. The relevant evidence may include the conditions under which the procedure was performed, sterilization and infection-control practices, wound care, postoperative instructions, follow-up examinations, and the provider’s response to signs of infection.
Liposuction involves creating openings in the skin and manipulating tissue beneath it. If negligent care contributes to an infection, the resulting treatment can be extensive. A patient may face additional procedures, scarring, prolonged recovery, lost income, and significant pain.
BBL procedures can present similarly complex issues. A patient who becomes seriously ill after a Brazilian butt lift may need an investigation into the surgical technique, anesthesia, monitoring, infection-control measures, and postoperative care. Medical experts may be needed to determine whether the treatment met the applicable standard of care.
The fact that a patient chose an elective cosmetic procedure does not mean that the patient gave up the right to receive appropriate medical care.
Other Plastic Surgery Errors
Infections are an important area of concern, but negligent plastic surgery can take many other forms. Potential claims may involve inadequate preoperative evaluation, improper surgical technique, anesthesia errors, failure to monitor a patient, excessive bleeding, nerve or organ damage, burns, tissue death, improper wound care, or failure to recognize and treat complications.
A surgeon may also make an error by performing the wrong procedure or operating on the wrong area. In other cases, a patient may be left with serious injuries because a complication was not identified quickly enough.
Some injuries may become apparent only after the patient leaves the surgical facility. That does not necessarily mean the original procedure was performed correctly or incorrectly. A careful review of the complete course of care is necessary to determine what happened.
When Does a Cosmetic Surgery Complication Become Malpractice?
Patients sometimes struggle to determine whether what happened to them was a known risk or evidence of negligent care. The distinction can be medically complicated.
Florida law recognizes that when a medical intervention is performed in accordance with the prevailing professional standard of care, an injury that is a necessary or reasonably foreseeable result of that intervention does not, by itself, establish a breach. The patient still has the burden of proving negligence and causation.
This means that the investigation should focus on the medical facts rather than simply the severity of the outcome. A serious injury does not automatically prove malpractice, just as the fact that a procedure was elective does not eliminate the possibility of malpractice.
Medical records, photographs, laboratory results, imaging, operative reports, anesthesia records, follow-up notes, and communications with the provider may all become important. The timing of symptoms and the treatment provided after the procedure can also help establish what occurred.
Why Medical Knowledge Matters in Plastic Surgery Cases
Plastic surgery malpractice cases can involve highly technical questions about surgical technique, anatomy, infection control, anesthesia, wound healing, and postoperative care. Understanding those issues is important when evaluating a potential claim.
Pedro P. Sotolongo’s background is unusual in this respect. He spent five years defending medical malpractice cases, learning how healthcare providers and their insurers respond to allegations of negligence. Over more than 20 years of medical malpractice experience, he has developed a detailed understanding of the medical issues that can determine whether a claim has merit.
That experience helps Sotolongo Law communicate with doctors and medical experts during case preparation and litigation. We can examine medical records with an understanding of the questions that need to be answered and the arguments that may be raised by the defense.
Every lawyer knows the law. Not every lawyer understands the medicine. In a plastic surgery malpractice case, that distinction can matter.
Florida’s Presuit Requirements for Plastic Surgery Malpractice
Florida imposes specific requirements before a medical malpractice lawsuit can be filed. Before sending a notice of intent to initiate litigation, a claimant must conduct a presuit investigation to determine whether there are reasonable grounds to believe that the prospective defendant was negligent and that the negligence caused injury. The claimant must generally provide a verified written medical expert opinion corroborating reasonable grounds for the claim.
The attorney filing the action must also conduct a reasonable investigation supporting a good faith belief that negligence occurred. Florida law requires the initial pleading to contain a certificate of counsel reflecting that the investigation provided a good-faith basis for the action.
After the required investigation, the prospective defendant must receive notice of intent to initiate litigation before a lawsuit can be filed. Florida provides a 90-day presuit screening period during which the prospective defendant or insurer investigates and responds to the claim.
These requirements make plastic surgery malpractice cases different from ordinary personal injury claims. A potential claim needs to be evaluated and prepared carefully before litigation begins.
A Boutique Miami Firm That Takes on Powerful Defendants
Sotolongo Law is a boutique personal injury law firm. We believe clients deserve personal attention, direct communication, and a lawyer who understands the individual circumstances behind the claim and truly cares about their health. At the same time, we are prepared to take on powerful defendants, including major insurance companies, hospital chains, surgical facilities, and other organizations with substantial resources.
A cosmetic surgery injury can be particularly difficult for a patient to discuss. Someone may feel embarrassed about the procedure, worry about being blamed for the decision to undergo elective surgery, or feel uncertain about whether the provider did anything wrong. We approach these cases without judgment. Our job is to understand what happened and determine what the medical and legal evidence shows.
We also cater to Spanish-speaking communities throughout South Florida, including Cuban, Venezuelan, Nicaraguan, and Argentinian communities. Clear communication is especially important when discussing medical records, treatment complications, and the legal process.
Frequently Asked Questions About Plastic Surgery Malpractice
Can I sue if I developed an infection after a BBL?
Potentially. An infection does not automatically establish malpractice, but it may warrant investigation if negligent surgical, infection-control, monitoring, or postoperative care contributed to the infection or its severity.
Is an infection after liposuction considered malpractice?
Not always. Infections are recognized risks of surgical procedures. A potential claim generally requires evidence that the provider breached the applicable standard of care and that the breach caused the injury.
Can I bring a malpractice claim for a cosmetic surgery procedure?
Yes, potentially. Cosmetic procedures are medical procedures, and providers remain subject to the applicable professional standard of care. The fact that a procedure was elective does not by itself prevent a medical malpractice claim.
What if my plastic surgeon says my injury was a known risk?
A known risk can be an important issue, but the provider’s characterization does not necessarily resolve the question. Medical evidence may be needed to determine whether the injury was a reasonably foreseeable result of properly performed treatment or resulted from negligent care.
How long do I have to bring a plastic surgery malpractice claim in Florida?
Florida has specific deadlines for medical malpractice claims, along with presuit requirements that generally must be satisfied before filing suit. The applicable deadline can range from two years to four years, depending on the circumstances, so a potential claim should be evaluated promptly.
Contact a Miami Plastic Surgery Malpractice Lawyer Today
If you suffered an infection, serious injury, scarring, tissue damage, or another complication after plastic surgery in Miami, you deserve an opportunity to understand what happened. Sotolongo Law can review the circumstances and help determine whether the available evidence supports a medical malpractice claim.
Pedro P. Sotolongo brings more than 20 years of medical malpractice experience, including five years representing healthcare providers and insurers on the defense side. That background gives our firm insight into both the medicine and the legal strategies that can shape a malpractice case.
Contact Sotolongo Law for a free consultation if you believe negligent plastic surgery caused you harm in Miami or elsewhere in South Florida. We will listen to your experience, explain the potential legal issues, and discuss your options. There is no fee for our legal services unless we obtain a recovery for you. Contact Sotolongo Law today. Because We Care®.