Legal Question in Medical Malpractice in Missouri

Re: Can I sue a plastic surgeon for malpractice?

Of course you can sue the plastic surgeon, however, the question is whether you can sustain a lawsuit.

In Illinois, you must show that the damage or condition you are now suffering from was the result of a failure to follow the standard of care for the type of surgery you underwent. If you do not prove that, you will lose your case.

The only way we can know the answer to this question is to get your entire record (and I mean ALL of it) and have it reviewed by a surgeon to see what this doctor has done--has he been negligent or your condition is a possible natural outcome of the surgery you underwent.

My office regularly handles this type of cause of actions. Once you have gathered all the medical records, you should bring them to my office and I can have it reviewed and so we can have an answer to your question.

I hope this helps,

Taradji Law Offices

Re: Can I sue a plastic surgeon for malpractice?

You can certainly sue a plastic surgeon but you cannot sue any medical provider for KNOWN complications of a procedure.

Whether you realize it or not, you signed a “consent for surgery” which contained a disclosure that you may suffer complications from the surgery. From the information that you have provided, it seems likely that you are now suffering from at least one of those known complications.

The doctor's lawyers would most likely have your case dismissed based upon that document you signed unless you could find another plastic surgeon who determines a different reason for your present condition.

Please follow up with another plastic surgeon and keep me advised.

Good Luck!

Matt Belcher

Re: Can I sue a plastic surgeon for malpractice?

The process of bringing a medical negligence action in Missouri has changed over the past year. In order to be attractive, a malpractice case has to involve more than pain, suffering, disability, and disfigurement, because these are all non-economic damages. There must be a significant economic component to the injury. For example, if the damage to the muscle will impact your ability to work and earn a living, that may make the case more attractive. Similarly, if there are going to be ongoing medical bills or procedures necessary as a result of the error, that too improves the value of the case.

You should consult with an attorney as soon as possible, but in no case more than six months after the injury. These cases are much easier to investigate and prosecute while things are fresh in everyone's memory. Our firm's Leawood Kansas office offers a free consultation and we would be more than happy to assist you. Our firm web address is www.bflawfirm.com. Please let me know if you have any questions.