Legal Question in Medical Malpractice in California
Cosmetic Surgery Malpractice/Negligence question.
My mother recently had cosmetic surgery on her stomach, A ''tummy tuck'' if you will. She had to go back because after the first surgery her naval was way off-center.
Today she went back to have it fixed. After she left she went to a restaurant and while in her chair started bleeding profously from her stomach area. She had to go to the emergency room where she almost went into shock. She seriously believed she was going to die. She started seeing black and feeling faint.
Would this count as malpractice or negligence, or just a risk of the surgery? Thanks.
2 Answers from Attorneys
Re: Cosmetic Surgery Malpractice/Negligence question.
from the facts given thus far, it would be hard to determine if the doctor was negligent by other reasonable doctor standards. expert witness testimony would be key in this area. however, if you do have the medical reports and want a better evaluation of your case based on those reports as well as your mother's condition, feel free to email me today and i may be able to assist you.
Re: Cosmetic Surgery Malpractice/Negligence question.
One cannot answer your question without a review of all of the medical records and without consulting with a medical expert. However, a more basic question whether the injury is severe enough to justify a lawsuit. Medical malpractice cases mus be based upon substantial, serious and long term injury. The out of pocket cost to take such a case to trial is, depending on the case, between $40,000 - $80,000 out of pocket (attorneys fees are on a contingency.) This is "at risk". Therefore the economics prevent all but "serious injury" cases from being filed.
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