Florida Lawmakers Finally Address Medical Malpractice At Cosmetic Spas

After years of watching women suffer at the hands of poorly regulated cosmetic surgery clinics in Florida, the state legislature is finally enacting some protections for consumers. Just this month, USA Today reported that the Florida State Legislature had passed legislation that would allow the state to punish plastic surgery facilities, shut down the worst offenders, and require the clinics to carry a minimum of $250,000 in medical malpractice insurance coverage.

Incredibly, this is the first law in Florida that even attempts to provide some kind of consumer protections for patients! In fact, it is due to that lack of regulation that Florida has become a magnet for unscrupulous cosmetic surgeons and spas.

The Beregovich Law Firm has been at the forefront of this fight, representing women who have been disfigured and injured by such clinics.

A Start, But Not A Solution

While the legislation is a step in the right direction, time will tell if it protects patients the way it was intended. There is always a possibility that clinics will find loopholes or that the state won’t adequately investigate facilities when an incident occurs.

One glaring omission from the legislation is a requirement to screen owners for criminal records. As it stands now, convicted felons can (and have!) open clinics where women have later died. There’s also a lack of oversight of the doctors performing the procedures, with many having been disciplined or cited for misconduct.

Our medical malpractice attorney, Andres Beregovich, had this to say about the legislation:

“We have a ways to go, but at least this is a start. I’m hopeful that this legislation will open consumers’ and lawmakers’ eyes to the flagrant disregard for patient safety at these clinics and will lead to better oversight and regulation of these facilities. Too many women have suffered at these clinics. It’s time to say enough is enough and get some strong protections in place for consumers. I plan to follow this issue closely and continue to advocate on behalf of patients.”   

Contact The Beregovich Law Firm With Medical Malpractice Questions

If you or a loved one has been injured at a cosmetic clinic or spa, contact The Beregovich Law Firm for advice. We work with people across the country who have been injured at Florida clinics and can advise you on your best course of action.

Call our firm at (800) 631-9009 or contact us online to discuss your situation confidentially.

Beregovich Law Fights For Victims Of Medical Malpractice In Florida

Reports of medical malpractice involving Florida cosmetic clinics are on the rise. Marketed across the country as affordable, simple, and safe, the reality is that many of these procedures are anything but – and patients pay the price.

Unfortunately, Florida does not require physicians to carry medical malpractice insurance, which puts consumers at a disadvantage if they are injured or hurt due to a cosmetic procedure. Even more alarming are examples of convicted felons opening and operating cosmetic surgery clinics!

With the state unwilling to protect these patients, Beregovich Law is happy to step in. We have represented victims and families of victims who have suffered organ damage, disfigurement, pain and suffering, and even death as a result of cosmetic procedures gone wrong. Our clients live all around the United States, but the one thing they have in common is injury from a plastic surgery procedure that took place in Florida.

Andres Beregovich: A Victim’s Best Advocate

It can be difficult to find a medical malpractice attorney who is willing to represent victims when medical malpractice insurance isn’t involved. Insurance means deeper pockets, bigger payouts, and more compensation for the attorneys.

Andres Beregovich sees things differently. Rather than focusing on how much of a payout can be obtained and whether or not it would be worth his time to represent a victim, he is much more focused getting justice for the victims and protecting other patients from being injured by the same physician or clinic. That’s why The Beregovich Law Firm has clients seeking our help from all over the U.S. We’re not in it for the money. We’re in it to help victims.

We want to help victims move forward with their lives as best they can by securing compensation for their injuries and, equally as important, an acknowledgment that they have been grievously wronged. Many of our clients say they “don’t want this to happen to anyone else” and yearn for a simple acknowledgment that they have suffered unjustly. They want to hear an apology or even just a recognition that a wrong occurred through no fault of their own. We help obtain that closure so victims can focus on healing from their injuries, both physically and mentally.

Hire A Medical Malpractice Attorney Who has Your Best Interests At Heart

If you have been injured as a result of a cosmetic surgery procedure in Florida, contact The Beregovich Law Firm and tell us your story. We can help you obtain compensation for your injuries and the closure you need to move forward with your life.

Call (800) 631-9009 or email us to arrange a free consultation. We represent victims throughout the United States.

It’s Past Time For Florida To Address Medical Malpractice Loopholes

Florida may finally be addressing some of the biggest problems in the state’s “medical tourism” industry and all we can say about that is it’s about time! The state has become a magnet for cosmetic surgery clinics due, in part, to its non-existent medical malpractice laws and consumer protections. While some argue that this has made cosmetic procedures more affordable and more accessible to more people, our medical malpractice attorney, Andres Beregovich, sees things differently.

“Florida promotes and supports medical tourism. They need to have laws in place that will protect the consumer when something, God forbid, happens.”

The Beregovich Law Firm has represented several victims of botched medical procedures that have taken place in the state. We have seen victims suffer life-changing injuries, disfigurement, pain and discomfort, and even death due to the state’s lax oversight of cosmetic procedures. The lack of regulation may make procedures more accessible, but it comes at a very, very high cost.

New Legislation on the Horizon

Things may be about to change, however. As reported by the AP, legislation was recently introduced in the state House to require facilities and doctors to demonstrate that they have the financial ability to pay out claims when the physician or facility is determined to be at fault for serious injury. Current Florida law does not require cosmetic surgery clinics to have medical liability insurance. The legislation also gives the state Health Department authorization to suspend or place five-year bans on facility owners and physicians who fail to comply with the rule changes, preventing new clinics from being opened under another name, and it would require surgery centers to be at least partly owned a medical doctor.

All of these changes are a good thing for consumers who are putting themselves at risk every time they have a procedure done in the state. Without effective oversight, it’s far too easy for unqualified surgeons to botch procedures, destroying victim’s lives, and yet, be back at it again the next day with no repercussions.

Beregovich Law Advocates For Victims

Our Florida medical malpractice attorney, Andres Beregovich, represents clients across the U.S. who are suing Florida doctors and clinics for disastrous cosmetic surgery outcomes. If you have suffered illness, injury, or disfigurement due to a poorly performed cosmetic procedure in Florida, we want to hear from you!

Contact The Beregovich Law Firm with your story so we can help you recover financial compensation for your injuries and continue to advocate for better consumer protections that will help prevent others from suffering a similar fate.  Call (800) 631-9009 or email us to arrange a free consultation.

 

Photo:

https://www.apnews.com

“Perfect Storm” Of Lax Liability Laws In Florida Allows Medical Negligence Reports To Build Up

Examining the alarming rise in illnesses and injuries associated with certain cosmetic procedures in Florida, USA Today has published an investigative piece that takes a hard look at how cosmetic surgery clinics sacrifice patient safety in favor of lining surgeon and clinic wallets – and they seem to do it without fear of legal repercussions.

The report examines how eight women have died as a result of botched cosmetic procedures performed by doctors at the same Miami clinic; the highest number of casualties of any clinic in the state. How the physicians involved have been able to keep operating is a study in the intricate licensing and health and safety loopholes the cosmetic surgery industry has been able to use to their advantage. Read the entire USA Today article here.

The Beregovich Law Firm is not willing to let that continue. We have represented patients who have been injured at the clinic in question and other clinics to advocate for patient safety and fight for injured patients’ right to compensation for their injuries.

Andres Beregovich Fights For Patients

Our personal injury attorney, Andres Beregovich, is a fierce advocate for injured patients, particularly because so few other attorneys are willing to take up the challenge:

“In Miami, Florida, there exists a perfect storm wherein doctors and lawyers have created a formula for doctors to avoid liability and the consequences of their medical negligence by taking advantage of Florida’s lax financial responsibility laws. A community of surgeons in South Florida that have demonstrated their ability to consistently maim, disfigure and often kill their patients with little to no scrutiny by the Florida Department of Health and in the face of any empathy for humanity.

To add insult to injury, neither the surgeons nor the surgical clinics from which they operate maintain malpractice insurance for the nefarious acts they’ve committed. Since when is demanding a professional’s compliance with financial responsibility laws not a private cause of action when the professional will be performing major surgery under anesthesia? The line I get most from defense counsel representing the surgeons against my medical malpractice claims is, ‘Are you really going to go forward with this lawsuit with the knowledge that my client and his practice are uninsured? Fortunately, my client retained a lawyer many years ago on how to protect himself and his business from judgments.’

In the face of this despicable yet honest truism, my answer has always been, ‘Yes’.

Uninsured doctors are not immune from liability because tort lawyers won’t prosecute claims if there is no prospect of recovery. I am championing this cause and in the process, providing my colleagues with a model in which to prosecute the egregious acts of medical malpractice against certain doctors and the surgical clinics from which they operate who have all elected to not maintain malpractice insurance in order to avoid liability.”

The Beregovich Law Firm Will Fight For You

Help is available for patients who have been injured during medical procedures! The Beregovich Law Firm is dedicated to challenging these loopholes and holding physicians and clinics accountable for the damage they cause.

If you think you have been injured due to medical negligence or medical malpractice, contact our firm at (800) 631-9009 or email us today to arrange a consultation with our Florida medical malpractice attorney.

 

Photo:

https://www.usatoday.com

Recent Medical Malpractice Lawsuit Highlights Loopholes In Florida Licensing

The Beregovich Law Firm recently represented a client who has suffered greatly after what was supposed to be a routine outpatient cosmetic procedure. Our client traveled all the way to Florida from California for liposuction and a Brazilian Butt Lift procedure, only to wake up in the emergency room, losing blood fast. The facts of the case are horrendous: a physician who misrepresented himself as being board-certified when he wasn’t and had actually had his license revoked in another state; a medical team that waited over two hours to call 911 when it was apparent that the patient was in distress; and a punctured lumbar artery.

Even more alarming: this wasn’t the first time an incident like this had happened at this clinic. The only difference was, our client was lucky enough to survive.

Click here to view the entire article in the Miami New Times.

Licensing Loopholes Put Patients At Risk

As alarming as our client’s experience is, it’s not unusual. Since physicians must be licensed in the state in which they practice, they can, like our client’s cosmetic surgeon did, simply set up shop in a different state if they happen to lose their license to practice in another state. Further complicating matters is the fact that in states like Florida, a doctor does not need to actually be trained or certified in plastic surgery to perform such operations or services!

Checking a physician or a clinic’s references isn’t always enough. The internet makes it possible to create false websites and reviews; if you’re not careful about which site you visit, it’s very easy to fall for misleading or outright false information.

Another issue that puts patients at risk is the fact that The State of Florida does not require doctors to carry medical malpractice insurance. This severely hampers an injured patient’s ability to bring a lawsuit against the doctor or clinic if there is an injury; as we explained in an earlier post, many personal injury attorneys are reluctant to bring lawsuits against uninsured doctors because the potential payout is usually less than what they could recover against an insured doctor.

Buyer Beware Applies To Medical Care Too

The old adages, “buyer beware” and “you get what you pay for”, sadly, also apply to medical care. Patients are faced with a dizzying amount of choices in regards to medical treatments and physicians, and they must weed through that information and make smart choices when it comes to their health.

Patients shouldn’t be afraid to be their own best advocates and that starts with researching treatments, procedures, and physicians. The best resources are not physicians’ own websites, but rather state licensing boards and health departments, professional licensing boards, like the American Board of Plastic Surgery or the American Board of Medical Specialties. Referrals from the patients’ own primary care provider are also a better resource than a Google search. In addition to a referral, patients would be well-served to undergo a physical and obtain clearance for the procedure from their primary care doctor as well.

Finally, patients should insist on meeting with the surgeon face-to-face, in advance of the procedure. All too often, cosmetic surgery clinics skip over this vital step in the process, handing patients off to what amounts to intake technicians for consultations.

If a cosmetic surgeon won’t meet with you in advance of the procedure, evades answering questions about his/her licensing and experience, or offers treatments that sound too good to be true, it should raise a red flag. Our best advice is to shop around, get referrals from medical providers you trust, and research, research, research to make sure the doctor and/or clinic is what it says it is.

Contact The Beregovich Law Firm If You Suspect Medical Negligence

If you think you have been injured due to medical negligence or medical malpractice, contact The Beregovich Law Firm at (800) 631-9009 or email us today to arrange a consultation with our Florida medical malpractice attorney.

Legal recourse is available against botched medical procedures – all you need is the right advocate on your side!

 

Photo:

https://www.miaminewtimes.com

Injured By Medical Malpractice? There’s A Time Limit To File A Lawsuit

The realization that you’ve been injured as a result of the medical care you received can lead to many feelings: shock, anger, frustration, and sadness. One thing it should also compel you to feel is determination. If you suspect that you have a medical malpractice situation on your hands, the very last thing you want to do is sit and stew on it or wait and see if the injury resolves itself.

Statute of Limitations and Statute of Repose

All Florida medical malpractice cases are subject to a statute of limitations. This statute establishes a time limit under which a medical malpractice claim can be made. Each state has different laws, but in Florida the statute of limitations for medical malpractice claims is just two years from the time the patient was injured, knew or should have known that an injury occurred and that medical malpractice was to blame.

Two years is not a long time. How many of us have lived with a lingering pain, telling ourselves it wasn’t that bad or we were just taking longer to recover than expected? Before you know it, a year has come and gone and you’re still suffering. If you wait too long, the statute of limitations will have passed and you will have missed your chance to recover damages from the healthcare provider to compensate you for your injuries. In addition, your delay in bringing a claim could mean that other patients suffer the same fate.

Even more limiting to patients is the Statute of Repose. The Statute of Repose states that unless there are extenuating circumstances, healthcare providers cannot be sued for medical malpractice more than four years after the incident occurs. That means that patients must realize within four years after the incident occurred that they have been injured due to medical malpractice and take action to file a lawsuit. If a patient misses this 4-year deadline, he or she won’t ever be able to file a medical malpractice lawsuit for that specific incident.

The time limits on medical malpractice cases make it important for patients to meet with a medical malpractice attorney as soon as they realize they have been injured.

Contact The Beregovich Law Firm If You Suspect Medical Malpractice

Building a medical malpractice case takes time. Fortunately, you only have to file the claim within two years of the injury. Once the claim has been filed, you will have additional time to collect evidence and build your case with the help of a medical malpractice attorney.

If you live in Florida and think you may have a medical malpractice claim, contact The Beregovich Law Firm to arrange a consultation. Our Florida medical malpractice attorney will review the evidence and help you file a claim if there is a basis.

Contact The Beregovich Law Firm at (800) 631-9009 or email us to arrange a consultation.

Is It Medical Malpractice? How To Determine If You Have A Medical Malpractice Claim

It can come as a shock when you first realize that you may be in a medical malpractice situation. We are often so focused on our recovery that we seldom stop think that maybe the care we received has something to do with our lingering problems or complications. Once the thought enters the mind though, it’s tough to stop wondering, “What if?”

It’s not easy to figure out if you have a medical malpractice claim. It’s not like you can just go ask the doctor or healthcare provider if they failed to deliver an appropriate level of care. If you do, chances are you’ll receive an unsatisfactory (or incomprehensible) explanation and a lingering suspicion that something just isn’t right.

If this sounds familiar, it’s time to contact a medical malpractice attorney. A qualified medical malpractice attorney can examine your situation for evidence of substandard care and investigate what occurred to help determine if the care you received is to blame for your current situation.

Proving Medical Malpractice

Sometimes, patients just aren’t happy with the treatment or care they received or the provider made a mistake in providing care and the patient wants to file a lawsuit just to prove a point or get the provider’s attention. These types of situations do not constitute medical malpractice.

In order for medical malpractice to occur, the patient must have suffered a preventable injury as a result of the provider’s negligence. Negligence can take many forms such as poorly delivered care or treatments, foregoing appropriate diagnostic testing, or operating on the wrong part of the body.

All healthcare providers have a duty to provide a certain standard of care. In other words, did the provider deliver the same level of care that a reasonable medical provider in the same field would do in the same situation? When they fail to deliver such care, medical malpractice may come in to play. In order to recover damages in a medical malpractice case, plaintiffs must prove that:

  • The medical provider failed to uphold their duty to provide a certain standard of care;
  • The failure resulted in harm to the patient; and
  • The plaintiff sustained injuries as a result of the health care provider’s actions or inaction.

The key component of any medical malpractice case is whether or not the provider acted with reasonable skill and the care that was required of the situation. Because of this somewhat subjective requirement, most medical malpractice cases require the testimony of expert witnesses, an investigation into the facility’s rules as well as standard practices and procedures. Medical malpractice cases can be extremely complicated, but if a patient has truly suffered as a result of a preventable medical error, they can receive compensation for the injury, loss of income, and/or pain and suffering.

Meet With Our Florida Medical Malpractice Attorney

If you have any doubts or questions about the medical care you received and think medical malpractice may be to blame, contact The Beregovich Law Firm right away. It never hurts to have an attorney review the facts of the situation to set your mind at ease. It’s possible that you do have a medical malpractice case and will be able to secure compensation for your injuries and perhaps prevent the same thing from happening to another person.

Contact The Beregovich Law Firm at (800) 631-9009 or email us to schedule a consultation.

The Most Common Examples Of Medical Malpractice

Anytime a person suffers an injury as a result of a physician’s care, there’s a question as to whether or not medical malpractice occurred. In short, medical malpractice happens when a healthcare provider (an individual or a facility) fails to provide reasonable care to their patient. This includes making a decision or taking an action that the provider knows could result in injury to the patient. The patient must be injured as a result of the action or inaction.

Not all medical injuries qualify as medical malpractice, however. In some cases, the provider made an honest mistake or acted improperly but the action did not lead to injury.

Examples of Medical Malpractice

Medical malpractice stems from negligence. The provider was somehow negligent in providing an acceptable level of care, also known as a duty or standard of care, and as a result, the patient was injured. It can happen in any medical discipline from cardiology and obstetrics to dentistry and psychology.

The most common examples of medical malpractice include:

  • Anesthesia errors
  • Childbirth injuries
  • Delayed diagnosis
  • Lab errors
  • Medication errors
  • Missed or Misdiagnosis
  • Poor follow-up or aftercare
  • Premature discharge
  • Surgical errors or unnecessary surgery

Meet With A Medical Malpractice Attorney To Discuss Your Options

Medical malpractice takes many forms and there are many degrees of negligence, recklessness, and injury. These factors all make it very important for injured patients to meet with a qualified medical malpractice attorney before attempting to bring forth a lawsuit. Sometimes, what a patient considers malpractice, the law does not. At other times, there isn’t a clear cause and effect relationship between the care received and the injury. At still other times, the damages sustained are not serious enough to be considered medical malpractice, but may be considered medical negligence instead.

The Beregovich Law Firm is a personal injury firm with offices in Orlando and Miami, Florida dedicated to helping individuals and families recover financially from devasting injuries, including medical malpractice. Our medical malpractice attorney, Andres Beregovich, represents clients from all walks of life and at all income levels to ensure they receive the justice they deserve. Our firm represents clients against healthcare providers who carry medical malpractice insurance as well as those who do not carry the insurance.

If you think you or a loved one has been injured due to medical malpractice, contact The Beregovich Law Firm at (800) 631-9009 or email us to schedule a consultation.

What Is Considered Medical Malpractice?

Medical malpractice lawsuits arise after a person has been injured as a result of the care they received or, in some cases, did not receive from a physician, healthcare provider, hospital, or clinic. The key component in medical malpractice suits is that the injury was caused through a negligent act or omission on behalf of the healthcare provider.

3 Criteria of Medical Malpractice Lawsuits

In order to be considered medical malpractice, the claim must meet 3 criteria:

  • There was a violation of the standard of care or duty of care. Every healthcare provider has a duty to provide care that is recognized by the profession as standard medical treatment by peers in similar circumstances. This is also known as the “standard of care”. Patients have a right to expect a certain standard of care will be provided. In general, a violation of the standard of care occurs when the provider knew he/she should have done something to treat the patient, but chose not to, despite knowing the action could cause harm to the patient.
  • An injury resulted from the negligence. There must be an injury for a medical malpractice claim to proceed and patients must prove that the care they received caused the injury. Patients must prove cause and effect. An injury without negligence or negligence without injury are not grounds for a case.
  • The injury resulted in significant damages. Medical malpractice cases are complicated and expensive to litigate. For practical reasons, the patient must have sustained serious damage from the injury otherwise there’s a chance that it will be more expensive to pursue the case than what can be recovered. Serious injuries typically result in loss of income, disability, unusual pain and suffering or hardship, or significant medical bills.

Not Every Situation Is Medical Malpractice

Keep in mind that not every undesirable medical outcome can be considered medical malpractice. Sometimes, despite a physician’s best efforts, bad outcomes just cannot be prevented. Consultation with a qualified medical malpractice attorney is the best way to determine if you are dealing with a medical malpractice situation, medical negligence, or just plain bad luck.

Our Florida medical malpractice attorney will evaluate the facts of your situation to determine the most appropriate course of legal action. Contact The Beregovich Law Firm at (800) 631-9009 or email us to schedule your consultation.

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Uninsured Discount Surgeons A Threat To Public Health

Outpatient cosmetic surgery is a popular health trend in Florida, but the ease of access hides a darker side: uninsured doctors and patient injuries.

The Beregovich Law Firm recently represented a patient who suffered severe injuries after a botched Brazilian Butt Lift procedure. Our client underwent a routine outpatient procedure but, afterwards, experienced loss of feeling in her arms and legs and eventually paralysis. After being rebuffed by the cosmetic surgeon several times and told that her troubles were just side effects of anesthesia, she visited a neurologist who confirmed that the patient had suffered a stroke; she was then hospitalized for a month and spent some time in ICU. Today, she lives with memory loss, panic attacks, and anxiety while still navigating the changes in her body.

The clinic that botched her procedure and follow-up care is still in business with seemingly no repercussions!

Booking Procedures Show Disregard For Patient Health

One of the most astonishing things we discovered during our case was that consultations and booking procedures do not typically involve meeting with the surgeon who will do the procedure – or any surgeon at all for that matter. This presents a huge risk for patients who are entrusting their lives to these surgeons. With little to no pre-procedure health checks in place, patients are pacing an awful lot of trust in a doctor they’ve never met in person.

Lack Of Malpractice Insurance Limits Patient Options

What is equally alarming to our Orlando and Miami personal injury attorney is the knowledge that Florida does not require physicians to carry medical malpractice insurance. So, not only are these discount cosmetic surgery clinics not providing surgical consultations prior to performing procedures but the doctors may not be carrying any kind of malpractice or liability insurance to protect themselves against lawsuits brought by injured patients.

Does this affect the patient’s ability to sue for damages? Absolutely! Many personal injury attorneys will not bring a lawsuit against an uninsured doctor because the potential payout is usually less than what they could recover against an insured doctor.

This puts patients at a disadvantage, making it harder for them to find a Florida personal injury attorney to represent them and help them secure financial recompense for their injuries. The Beregovich Law Firm is different. We represent patients in all types of medical malpractice lawsuits whether the doctor carries insurance or not.

If you have been injured as a result of a medical or cosmetic procedure and want to know if you are entitled to compensation for your injuries, contact The Beregovich Law Firm at (800) 631-9009 or email us today to arrange a consultation with our Florida medical malpractice attorney.