What You Need to Know as You Prepare to Find a Personal Injury Attorney
February 5, 2020
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April 6, 2020
Is it possible to sue a cosmetic surgeon for undesirable results? If you recently underwent a cosmetic procedure in Idaho, and the results were not what you were looking for, you can file a case in court. But that will depend on the circumstances.
Your injury attorney can work with you to determine whether it is a breach of contract or medical malpractice. In this article, we’ll be exploring how you can use the two approaches.
Breach of Contract
Even if you do not have any injuries and you feel the results are far from what was promised, you can sue for breach of contract. You instantly initiate a binding contract with your plastic surgeon when you both consent to a course of treatment.
Your surgeon should, therefore, deliver quality results if that is what was promised. However, you will need to prove that the work that was done is significantly different from what was agreed on. You may sue if the medical professional did not fulfill a request, or used a different type of implant or procedure.
Another slight variation is a breach of warranty. You can sue if what the surgeon promised is measurable, and they clearly did not deliver. You should note that abstract promises do not amount to measurable results.
For example, having the finest features, or the most beautiful nose, are considered to be highly subjective. However, you can go to court with your injury attorney, if the surgeon told you to expect a certain change in size, color, or symmetry.
Medical Malpractice
In Idaho, your medical malpractice lawyer can also sue the healthcare provider if they caused injury or death through negligence. The state law has a statute of limitations, which determines how much time can pass before you can no longer file a suit for injury. In Idaho, the duration is two years.
The law sets a permissible time-frame to ensure that there is strong evidence against the defendant. But even if two years have passed, some exceptions will allow you and your injury attorney to sue the healthcare provider. One of those exceptions is if you discover an instrument or object, or that the physician was trying to hide the malpractice.
Before you file your medical malpractice or personal injury claims, Idaho state law requires that you fulfill the following conditions:
- An existing relationship with the health practitioner.
- You can show the doctor violated the duty-of-care.
- You can show that the medical practitioner was negligent.
- You can prove that the damages were caused by their negligence.
If you fulfill the above conditions, your injury attorney can file a case against the health provider. The suit is not limited to doctors and surgeons only. Your medical malpractice lawyer in Boise can also sue nurses, dentists, therapists, and a wide range of individuals and companies, in the medical field.
Bottom-Line
Even if you feel that you do not fulfill some of the basic conditions, you can still consult an injury attorney before making the final decision. A personal injury attorney can assess your case and provide sound alternatives so that you can gain reprieve for your damages.
