Legal Question in Medical Malpractice in Florida

Hi I would like to know if I have a case In this situation. In 2018 i had plastic surgery in Miami,FL i had a BBL which is where they lipo your fat and place it in your backside.this whole time I believed I had just my own fat put in me.well this year I went to another clinic and got lipo, I told the Dr to lipo some of my backside and to his surprise I had a white substance coming out of me some sort of bio polymer was injected in to me when I had surgery in 2018, without my knowledge. I’m upset because I don’t know what it is and also I can run serious health complications from that foreign substance placed In me. A bbl is just suppose to be your own fat as foreign injections are illegal and cause health problems. The dr assistant also recorded the white substance coming out and gave me the evidence. I don’t know if I should call the clinic and let them know what I found out or get a lawyer first.

Asked on 4/29/20, 10:17 pm

1 Answer from Attorneys

Angelo Marino Angelo Marino Jr. PA

If you were not told that a white substance was going to be injected into your backside, then technically they may be a breach of informed consent. Depending upon the substance, it could also be a breach of the standard of care, which is general negligence.

Having said that, most medical malpractice cases are driven in large part by the cost to litigate, the value of the case, and whether the doctors or clinic involved have insurance. Unfortunately, most plastic surgeons do not carry liability insurance. So the 1st thing I would recommend is to determine whether or not the doctor or the clinic had medical malpractice insurance. If they did not, the overwhelming majority of attorneys, including myself, would not handle your case. If however, they do have medical malpractice insurance, then you need to determine what the white substance is and whether it would be harmful to you and whether you would have to have it removed. If it is harmful and you would need to have it be removed, depending upon all these factors, you may have a case.

So I would 1st determine whether there's insurance.

If there is no insurance and you intend still to pursue the matter, get the medical records.

Determine what the substance is.

Determine whether or not the substance is harmful.

Then see a lawyer to determine whether or not the case is worth pursuing based on all of these factors. A lawyer may do some of the items above for you.

Good luck.

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Answered on 4/30/20, 8:19 am

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