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A Surgeon’s “Artisitic” Claims Allegedly False

The American Society of Plastic Surgeons (ASPS) claims that 13.1 million cosmetic procedures were performed in the U.S. last year. This is a 5% increase over the previous year. However, as the number of cosmetic procedures increase in Atlanta, so do the number of injuries resulting from such procedures, many of which are caused by negligence.

For example, a plastic surgeon has been named in a medical malpractice lawsuit alleging that he left one of his patients with abnormalities. The plaintiff alleges that the defendant performed abdominoplasty and liposuction that disfigured her and left her in excruciating pain. The plaintiff also alleges that the surgeon neglected to give her post-operative instructions.

The surgery was performed on May 4, 2011, after the defendant referred to himself as a surgical “artist.” The plaintiff was told that the procedure had gone as expected and to wear compression garments. She alleges that the doctor did not inform her how to wear the compression garment or give her any information concerning post-op damage.

The plaintiff wore the compression garment as it was initially positioned on her to the appointment with the surgeon six days later. She informed him that she was in pain and that the compression garments were causing lacerations and swelling. The lawsuit also claims that the surgeon informed her that the pain was normal, but that the compression garments were too tight.

He tried to remedy this with steroid injections and by reshaping the tissue by hand. However, the pain continued and blood and other fluids started seeping out of her wounds. The surgeon allegedly forced gauze with his fingers into the wound and ignored the signs of infection. Other appointments were allegedly cancelled by the surgeon or required the defendant to wait hours before being seen.

Despite the surgeon’s “artistic” claims, the plaintiff was left with serrated incision scars; hard lumps of scar tissue; fat; skin and tissue necrosis from frequent steroid injections, and irregular tissue allocation. The plaintiff is claiming health care malpractice, battery, a lack of knowledgeable consent and negligence. Consequently, she is seeking special, general, and punitive damages.

In order for a Georgia plaintiff to prevail in a medical malpractice claim, she must prove all of the elements of the claim. Establishing whether the standard of care has or has not been met requires a careful review of all of the records by counsel and consultation with competent medical experts who can and will provide expert opinion testimony on negligence and causation. Unlike other tort claims, Georgia law requires that any suit for medical negligence (another way of saying medical malpractice) must be supported by an expert affidavit at the time of filing the lawsuit or the lawsuit is subject to dismissal upon motion by the defendant.

Attorney Robert J. Fleming has been handling wrongful death cases, automobile accident cases, personal injury cases, dental malpractice and medical malpractice lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years in and around Atlanta, Georgia and its surrounding areas, including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.