Cosmetic surgery can help to give our bodies a whole new lease on life, and make us look even more beautiful than ever! However, because it is a medical procedure, the chance of things going wrong, though controlled, still exists.
However, if you’ve spent days researching to find the perfect cosmetic surgeon, gone through the procedure, and now found yourself either injured, in pain, or ended up with long-term health complications, then you may be within your rights to file for a plastic surgery claim.
But how do you actually go about doing this? How do you find the perfect lawyer to take on your case and get you the justice you deserve? Allow us to help, because today we are going to show you everything you need to know to file for a plastic surgery claim.
How Do You File For A Plastic Surgery Claim?
Generally, the first thing you should do before seeking a plastic surgery claim is to speak directly to the surgeon that carried out the procedure, to see if a settlement can be reached that way. If you have attempted this and found your results to be less than satisfactory, then you should begin the claims process.
Step 1 – Find Legal Representation
The first thing you will want to do is to find good legal representation in the form of a lawyer who can handle and sort out your claim in order to get you the justice that you seek. They will be able to sort through the claim and all of the documents associated with it to create a strong case for you, to help you to get justice.
How do you find a good lawyer? There are many websites such as Trulaw.com that can help you to get into direct contact with a legal representative that has your best interests in mind.
Step 2 – Prove Negligence
Once you have found the perfect lawyer, you will need to make sure that you collect all of the documentation you have of the procedure, such as contracts and consent forms that you may have signed. You will also want to give a detailed and honest account of how you recall the surgery playing out.
You need to make a case that the surgeon that carried out your procedure was negligent, as proof of negligence is key to winning such a case.
You will want to find evidence that proves that the surgeon:
- Had a duty of care. This should generally be stipulated in your contract.
- Deviated from the duty of care.
- That the deviation from the duty of care was a direct cause of your complications.
- That your complications have had other impacts on your well-being. If the complications have impacted you financially, you need to provide documented evidence as such.
Step 3 – Make Your Claim
Once you and your lawyer have made a case together, you will need to send a “Letter of Claim” directly to the surgeon or the surgeon’s legal team. Generally, you will want to aim for the surgeon to concede and accept their liability in the case.
However, if the surgeon does not accept their liability, the case can go to court and will be decided by a judge. This is why it is crucial to make sure that you have a strong and watertight case.
If the surgeon settles the claim, or the claim goes to court and you win, then they will need to pay you the amount that you are owed following the case. At this juncture, you and your lawyer may negotiate how much of that money is paid to the lawyer as well.
Is It Difficult To Sue A Plastic Surgeon?
No. In real cases of negligence, it is very hard for surgeons to make an argument for themselves. The challenge simply comes from finding the right evidence to pursue your own claim!
To Wrap Up
There we have it! Though it may seem daunting at first to consider the idea of suing a plastic surgeon and making a plastic surgery claim, if you feel that you have been treated unjustly as a result of the procedure, then you deserve the chance to seek justice.
We hope that our guide has proven useful and that you feel ready to file your own plastic surgery claim. Just make sure that you grab yourself a good lawyer, and you have all of the right documentation ready at hand to strengthen your case.