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Botched Tummy Tuck Injury Lawsuit – Medical Malpractice Attorney

Each year thousands on patients suffer severe post tummy tuck procedure complications. In some cases such complications can be attributed to mistakes made by the practicing plastic surgeon, the medical facility where the procedure took place, and their respective medical staff. Under such circumstances victims are able to seek compensation for all damages they have suffered. Our law firm is proud to represent and fight for the rights medical malpractice victims.

Common Complication and Injuries Caused by Botched Tummy Tuck Surgeries:

  • Development of post surgery infections including gangrene, staph, and sepsis.
  • Internal bleeding – post operative bleeding.
  • Nerve damage.
  • Necrosis of the tissue.
  • Wound separation.
  • Vascular injuries.
  • Heart failure.

Establishing Liability – California Medical Negligence Laws

There are four elements in a personal injury cases which need to be established in order to prove a negligence bases lawsuit in the court of law, Duty, Beach of Duty, Causation, and Damages.

Duty:  In the field of medicine the duty of care is established by the specific medical profession and or specialty of the medical profession which the defendant is a member of..

Breach of the duty of care: In the context of medicine a breach of a duty of care occurs when the defendant  fails to administer the proper course of treatment. For example, the proper course of action in the case of a tummy tuck procedure is to test the patient to see if she is pregnant or not; however the medical doctor fails to have the patient tested before the procedure take place.

Causation: Was the breach of the duty of care was the cause of the harm that took place: Would the individual have suffered the harm for it not for the actions or inactions of the medical doctor.

Harm: Did the plaintiff suffer discernible injuries as a result of the incident that took place.

Recovery Available for Victims of Medical Negligence

An injured victim is entitled to compensation for each and every damage sustained due the negligence or intentional misconduct of others. Generally damages are divide into two general categories; economic damages and non-economic damages. The potential value of a settlement or jury verdict is predicated on several factors. Some of the most significant factors in provided for below…

  • The magnitude the severity of the harm suffered.
  • The dollar amount of medical expenses incurred by the victim.
  • Cost of future medical and rehabilitation care.
  • Cost of future life and nursing care due to permanent disability or long term injury.
  • Loss of income of loss of future earning capacity as a result of injuries.
  • Non-economic damages – including pain and suffering, and punitive damages.

Note: California restrictions on medical malpractice: There are numerous restriction that have been place by the legislature on an individual’s ability to file a lawsuit against a professional in the field of medicine. One restriction is the financial cap on medical malpractice settlements or verdicts; a victims cannot receive more than $250,000 for Non-economic damages which have been sustained. Another restriction is the statute of limitations; one can sue within ONE YEAR from the date of an injury whereas in a case of non medicine based personal injury one has two years to file a lawsuit.

Cost of Legal Representation: In many cases attorneys charge a fee to potential clients to review their files. In many other instances attorneys charge an hourly rate of hundreds of dollars. It’s no wonder why so many victims hesitate to contact an attorney, given the fact that the cost of legal representation can run into tens of thousands of dollars.

Our Law Firm Is Different: All legal consultations and case reviews by our attorneys is provided 100% free of charge. You never have to pay to speak with an attorney from our law firm. More so, we work on a contingency fee basis; this means that you do not have to pay a single dime out of pocket for our legal work. Our fees will be established only one there is a successful resolution of the case. For more information feel free to contact us any time.

5 Comments



» Betty Roberts said: { Dec 11, 2016 - 04:12:02 }

I had abdominalplasty lipo of flanks and mustle tightening 2.5 months ago. I have always been athletic and could never tighten my abs after my c section with my son, so decided to get a tummy tuck. I have had nothing but problems since the nurse twisted my abdomen shifting me with a pillow shortly after the proceedure as i was coming out of recovery. I screamed and cryed for hours because of the pain I was in. My husband told the doctor but he just ignored him and avoided his calls. I have had nothing but pain, swelling a swollen abdoman and a horribly deformed belly button. The plastic surgeon avoids my texts messages and will not take the time to see me to discuss my concerns, he always sends his staff untrained to talk to me, andvtold mevto put an eraser in my belly button to hold it open or just let it do what its going to do. What kind of response is that,? To one of your patients that just underwent a serious surgery? I am very depressed with this entire surgery and I am not healing. I was accustomed to running 5 to 7 miles a day working out diligently, and im lucky if i can walk on the treadmil 15 minutes witout getting nautious sore and swollen. I cant be on my feet for more than 5 hours at a time. I am a real estate broker and make my living on my feet, I have become limited on my physical ability due to this durgery, and what angers me is that I canmot get the surgeon to give me the courtesy of a return call. I sought a 2nd opinion from a highly recommended surgeon in Irvine who was dissapointed when he saw my body and results and informed me that I would require a revision tummy tuck and that I needed to have my belly button redone because its fl8sed almost completely. He informed me that if the belly button was done correctly, it would have never closed. It is constantly burning and swollen red, and stomach is hard swoloen and hurts to touch. Hopefully someone can help me, this is not right. I wasnt looking for perfection, I was told i would have a flat tight abdoman and thats what I paid for but did not get.

» Maggie Ambrose said: { Feb 28, 2017 - 01:02:17 }

Good evening, I am hoping that someone can help my case. In October of 2016, I had mini tummy tuck in La Jolla. The result were devastating to me. Let say, I looked much better going in then coming out of the surgery. The doctor who preformed the surgery informed me that I had two hernias which he repaired an this is something that I was aware of that I had and I never went to see medical attention. Unfortunately, the surgery left me with a golf size bulge in my mid section, which my hernia doctor wrote a letter explaining that this was not a hernia, its a complication from the tummy tuck he performed on me which left me with fatty mass in my abdomen. Dr. Cohen, wants to preform a revision to fix it but I am reluctant to have him lay his hand on me. I went in with a happy face now I have a very sad face. No social life, cant wear my cloth because you can see the bulge. I have to go under again to have this fix and also my tummy is till swollen. Thank you!

» Modesto Vandevoorde said: { Apr 5, 2017 - 02:04:46 }

But whats the use of that

» Hacima Lisaya-Kelley said: { May 18, 2017 - 04:05:30 }

My wound from tummy tuck have been open since 8 months after surgery year 2014. And it is infected with green discharge. Do I have a lawsuit?

» Rosalind Martonen said: { Jul 17, 2017 - 01:07:09 }

I had an abdominoblasty with liposuction a year ago on Sept.6.
I am still numb and although my eating habits havnt changed and my activity level is the same, I have always been a healthy eater no bread, fried foods or sweets and exercise regularly, more than 3times a week. How could I have gained back fat and my hips have widened and I have thunder thighs now where as I didn’t have any of this before the surgery. I just wanted to loose my baby pooch. I am so unhappy and Dr. Haines nurse Amy says the surgery was done properly, is she a surgeon, was she in the O.R.? she does not have a clue.
I was not told about any of this in the consult, I need to know what can I do?



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