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Plastic Surgery Malpractice

Aronfeld-MarieClaire-PullQuoteAccording to Marie Claire magazine: “Spencer Aronfeld is the go-to guy for plastic surgery malpractice”.

Botched plastic surgery cases fall under Florida’s Medical Malpractice Statute section §766.00. Unfortunately, Florida’s doctor-friendly laws allow any licensed medical doctor to perform plastic surgery even if they are not trained or qualified as plastic surgeons. Moreover, Florida law allows doctors to practice medicine without any malpractice insurance. Accordingly, Florida and South Florida in particular is a mecca for cosmetic and plastic surgeries gone wrong.

Many victims of plastic surgery malpractice can avoid the life-altering consequences and deformities that a bad surgery may cause by doing some basic investigation of the doctor’s credentials. As a specialist in plastic surgery malpractice, I recommend that you only consider having the procedure performed by a Board Certified plastic surgeon. There are many fake boards just like there are people posing as doctors. Accordingly, you should contact the American Board of Plastic Surgery, Inc. and verify that your doctor is currently Board Certified.

We urge you contact your state’s Department of Health and verify that your potential doctor is actually licensed to practice medicine. Florida has a surprisingly high number of plastic surgery malpractice performed by unlicensed individuals. In 2006 Spencer Aronfeld and Aronfeld Trial Lawyers obtained a $5million dollar verdict against Reinaldo Silvestre also known as the “Butcher of South Beach .” This verdict remains the largest verdict against an unlicensed plastic surgeon in the State of Florida.

As a Florida plastic surgery malpractice attorney, I recommend that anyone considering having a plastic or cosmetic procedure obtain at least three separate opinions regarding their candidacy, the procedures, and costs. Never select a surgeon based on cost alone. Always take your time to make the correct decision with realistic expectations about what the outcome will be. Remember that plastic surgery is a serious procedure with potential complications that include infection, bleeding, subsequent surgeries, and death. Do not take the decision lightly.

We believe there is a conflict of interest when surgeons and anesthesiologists clear patients for elective surgery and strongly recommend anyone considering surgery to obtain an evaluation for a Board Certified Internist or Cardiologist who has no financial interest whether or not you have your surgery. The American Society of Anesthesiologists has adopted a physical status classification system to predict the risks of surgery.

Arbitration agreements are being used more and more by doctors and clinics who provide plastic or cosmetic surgical services. Arbitration agreements are basically contracts where patients abandon their legal rights to go to court and present their cases to judges and juries if there is medical malpractice.

Arbitration Agreements might be a good idea in certain commercial transactions as they can help eliminate delay and streamline discovery. A recent trend in Florida is to try to get patients to sign an arbitration agreement before undergoing plastic surgery and or being admitted into a nursing home. When this occurs, patients unknowingly give away their rights to sue doctors in courts of law.

I recently wrote about this phenomena for the “Huffington Post” and urge both the Federal and Florida legislature to immediately take steps to curb the abuse of arbitration agreements by banning their use entirely in the context of medical care or treatment. Our Miami medical malpractice law firm believes that Florida’s healthcare providers already have enough legal protection; it’s time that patient safety becomes a priority.

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