Required Elements of an RI Medical Malpractice Case
You can take legal action if it can be proven that your plastic surgery was “botched” due to the surgeon’s negligence. To have a medical malpractice claim, certain elements must be established.
Elements to Prove Medical Malpractice
- There was an existing relationship between the surgeon and patient.
- The surgeon violated their duty of care.
- The injury or harm sustained from plastic surgery was due to the surgeon’s negligent actions.
- As a result of the medical malpractice, you suffered damages and loss.
In Rhode Island, a medical malpractice claim can be filed against various parties, including the surgeon who performed the plastic surgery and any other medical provider involved with the procedure.
Plastic surgeries can be botched if the surgeon is inexperienced, not skilled in the type of procedure they are performing, or if the surgeon performs the procedure incorrectly.
When Botched Plastic Surgery Is Considered Medical Malpractice
- The surgery resulted in new medical issues that would not have occurred if the surgery was not performed.
- The result of the plastic surgery was not what was conveyed to the patient prior to the procedure.
- Infection developed due to the surgery.
- The patient was not appropriately monitored throughout the surgery.
- The patient’s complete medical history was not reviewed or considered before the procedure.
How a Lawyer Can Help With Your Case
Hiring a medical malpractice lawyer as soon as possible can help ensure you get the full compensation you deserve. In addition, a lawyer can ensure you meet all required deadlines for filing a claim. In Rhode Island, there is a time limit to take action for medical malpractice against a plastic surgeon. The statute of limitations for a medical malpractice claim is three years from the date of the surgery or procedure. If it takes longer than three years to discover the plastic surgery injury, you can still file a claim as long as you can prove the injury was not discoverable at the time of the surgery.
Negligence Can Result in Physical and Emotional Damage
- Permanent scarring
- Nerve damage or paralysis
- Skin discoloration
- Excessive bleeding
- Serious reaction to anesthesia
An experienced lawyer will fight to get you a full and fair settlement. They will need to prove that the surgeon did not take precautions to prevent the injury or failed in their duties as a surgeon. To do this, a lawyer will need to prove your claim by gathering evidence that can be used for your case. This may include medical records and witness testimony detailing the surgery or procedure.
A lawyer will determine the value of your claim, and if it is proven that the plastic surgeon was negligent in their actions, you may be able to recover damages.
Potential Recoverable Damages for Plastic Surgery Malpractice
- Medical bills and expenses
- Long-term care
- Physical therapy
- Lost wages
- Pain and suffering
- Loss of companionship
- Loss of consortium
- Wrongful death
Contact Our Rhode Island Office Today
If you suffered injuries from medical malpractice in Rhode Island, contact our team of experienced medical malpractice lawyers at Kirshenbaum & Kirshenbaum. To schedule a free, no-obligation consultation, contact us online, or call our office at 401-946-3200. We help medical malpractice victims in Providence, Warwick, and all areas of Rhode Island.