Maria grew up feeling less than confident about how she looked. It became worse when her fiancé left her for a more gorgeous woman with big breasts and butt. It made her believe that plastic surgery was what she needed to boost her confidence.
Due to high costs, though, she was forced to deal with an underground doctor recommended by a friend. Her breast implant at a third of the regular professional cost seemed successful at first until she started feeling a lot of pain. A few days more, her entire chest almost became so swollen she had a hard time breathing. She went to the local hospital where she was immediately operated on. Now she’s thinking of filing for a plastic surgery claim. Can she?
A plastic surgery claim or cosmetic surgery claim as it is sometimes called is never 100% easy. In Maria’s case, many factors have to be considered. If she knew that the doctor is unlicensed, it may be quite difficult to file for such a claim. However, if the doctor has provided her with false hopes and guarantees, that can be a potential basis for plastic surgery negligence. Either way, she can go after the quack surgeon for medical malpractice.
The procedure being done by a professional doesn’t diminish the fact that Maria can still file a claim as long as she can prove that the negligence is caused by the third party especially a doctor.
When might plastic surgery cause injury?
There are many ways on how you can be injured in a cosmetic surgery procedure. Here are some of them:
- Wrong surgical procedure
- Unnecessary scarring
- Misleading advertisement or information
- Infections caused by the surgery
- Unlicensed health care provider
- Performance of certain surgeries without the patient’s consent
How much time do you have to claim?
When is the best time to file for a claim? The law states that you have up to 3 years to file for a plastic surgery injury claim. If a patient dies within such period, the time resets to the date of his or her death. Depending on the decision of the court, a person may still be allowed to file after 3 years. This is because some injuries don’t fully manifest after a couple of years.
Nevertheless, don’t wait for 3 years before you take action. The sooner you do so, the better are your chances of winning the case. First, other ulterior motives can already be dismissed in the minds of the defendant, solicitor, and the court. Second, you have a much bigger chance of getting all the proof you need. Third, you can still recount what happened to you with more accuracy.
Not to Court yet
When you file for a cosmetic surgery injury claim, it doesn’t mean you go to court immediately. Rather, the defendant will be informed of the claim and will be given enough time to investigate and reply. Normally, the waiting period takes about 3 months. If he decides to honor the claim and pay you with the desired compensation, the matter doesn’t have to proceed to the court.