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Do I Have a Case If My Surgeon Botches My Plastic Surgery?

Nov 5, 2021 | Medical Malpractice


Yes, anytime a medical professional is grossly negligent when performing their work and you suffer damages, you have a right to pursue damages from the medical professional or the medical facility that employs them.


Plastic surgery promises stunning outcomes with admirable before and after photos from other patients. But sometimes instead of that fixed appendage or attractive look, you’re left with unsightly scarring, disfigurement or ailments you weren’t expecting. 


Your doctor has a duty of care toward you to complete the procedure to the best of their abilities. Failing to do so could leave you with mental or physical scarring. We’ll explain what you must prove to win a plastic surgery medical malpractice lawsuit, what you need to know about the claims process and areas of compensation you can pursue in medical malpractice lawsuits.


Proving Medical Malpractice After a Botched Plastic Surgery Operation

Indiana takes medical malpractice very seriously. It has an entire team devoted to documenting complaints and helping individuals pursue claims against doctors by connecting them with attorneys and resources.


Proving medical malpractice after a poor plastic surgery operation will mean bringing in an expert witness who is also a plastic surgeon. The courts will look to see if your doctor took proper precautions and acted according to the standard of care other doctors would engage if put in the same situation.


If your doctor was careless or negligent while performing the procedure, the courts will likely deem that they must compensate you for your physical or emotional damages. 


The Process for Filing a Medical Malpractice Case

The medical malpractice case process can be long as it includes many steps and involves various parties along the way. It all starts with consulting an Indiana medical malpractice attorney for a case assessment. Then you’ll request your medical records from the doctor or medical facility that botched your procedure.


Your attorney will review the medical records to aid in determining who is at fault for your injuries. Part of this review generally includes counseling an expert who can provide their insights as to whether the standard of care was met in your case.


After reviewing the case with a medical expert, your attorney will advise you as to whether you should move forward with filing a claim or not. If you choose to move forward, you’ll file a claim with the Indiana Department of Insurance. You might be required to submit further evidence to the Medical Review Panel.


Within 180 days of the state forming the Medical Review Panel, the panel must render an opinion about whether the defendant met the standard of care. Regardless of how the panel rules, you can move forward with a medical malpractice lawsuit. If you do move forward, the next step is filing the lawsuit. Then you’ll have a chance to negotiate with the other party for a settlement or proceed to a court hearing. 


Areas of Compensation for Medical Malpractice Lawsuits

As you evaluate whether you want to move forward with a lawsuit for a botched plastic surgery operation, you should know the areas of compensation you can pursue in these cases. Be sure to talk with your attorney about how these compensation types could apply to your case.


  • Medical bills both existing and future to live with the ailments or conditions you have as a result of the botched surgery.
  • Lost wages due to missed work or an inability to work
  • Pain and suffering from the injuries the surgeon caused
  • Wrongful death if you lost a loved one to a botched plastic surgery operation


If you’re living with physical or mental ailments due to a botched plastic surgery operation, contact Stewart & Stewart. Our medical malpractice attorneys will review your case for free and guide you in the best next steps.

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