Our team of expert lawyers at the Downtown LA Law Group has handled many medical malpractice cases over the years. We have dealt with phalloplasty malpractice cases for individuals who have chosen to get the surgeries and move forward with different treatments regarding gender. We know the best methods for success and will ensure that you are fairly paid for your damages if a surgeon botched a phalloplasty operation.
Phalloplasty is a common operation that transgender individuals undergo. Some surgeons are not skilled in these operations, though, and end up botching the procedures. They may mutilate the genitals, cause nerve damage, reduce the amount of feeling and sensation present in the organ, and more. They may fail to properly sanitize medical equipment, which can result in infections.
It is also possible for a doctor to purposely botch the operation because of personal biases and prejudiced beliefs. You should also be careful when you approach new surgeons or doctors if you intend to get life-changing surgery like phalloplasty. If you were injured by a doctor, you can move forward with a claim.
How to File a Medical Malpractice or Phalloplasty Malpractice Claim
Medical malpractice lawsuits are a subset of personal injury law, and they are based on negligence. There are four points that you can use to show that you were a victim of medical malpractice.
- You must have had a doctor/patient relationship established with the surgeon
- The surgeon must have breached his duty of care and made an error in some way
- The error must have resulted in an incident of some kind
- The incident must have led to physical injuries
If you can prove all four of these points, your claim will have a good foundation. Your evidence should then be used to prop up your point and show how you were injured, as well as what kind of compensation you deserve.
One of the primary pieces of evidence you will have is the expert testimony of other surgeons. They will testify whether or not they would have behaved similarly if they were performing the procedure. In egregious cases, there will likely be a high level of disagreement.
You should make it a point to collect medical bills, insurance billings, doctor’s statements, test results, prescriptions, and more from the hospital after you were hurt. You can gather this proof to show the type of procedure you had done and to show how responsible the hospital and doctor were. Do not hesitate to go see another doctor for treatment; your injuries may worsen, and the insurance agent may doubt how severe the damages were.
You will need photos of the damages you suffered to show the extent of the injuries. You can also have videos if possible.
There may be eyewitnesses or other individuals who can testify to the malpractice, such as nurses. You can ask for their testimonies to add to your claim.
You will need to file an incident report with the hospital to alert them to the fact that you were hurt and that you intend to file a claim.
Your case will benefit greatly from having a legal representative. An attorney can gather your proof, write your demand letter, and see to it that you are given a fair settlement after the botched operation. You should focus on healing from your injuries and returning to normal life.
Compensation from a Phalloplasty Malpractice Lawsuit
Your case will be evaluated by an insurance agent. He will determine how much your case is worth by looking at the extent of the injuries, the impact they had on your daily life and career, your age, your responsibility in the incident, and much more. Our goal is to ensure that the settlement offered to you is adequate and covers all of your expenses. We will fight to win you the following:
Medical Bills: There may be various medical expenses stemming from the botched surgery, as well as future costs for corrective treatments, other surgeries, hospital stays, anesthesiologist payments, physical therapy and rehabilitation, medication and prescription drugs, and more. You can have the full extent of these damages paid off. There is no cap on medical expenses in medical malpractice lawsuits.
Lost Wages: You may not be able to return to work for a period of time after the injuries you suffered in the operating room. You may also not be able to go back to work because of recovery time and additional medical procedures in the future. We will pursue coverage and reimbursement for your wages, benefits, commissions, tips, and more.
Pain and Suffering: Your emotional damages resulting from the botched operation could result in a large amount of compensation. Pain and suffering injuries are often the most debilitating; they can arise from nearly any incident, whether or not there is any physical harm. They routinely result in weeks or months of emotional pain, stress, anxiety, and more. If you file a medical malpractice lawsuit, you should know that pain and suffering compensation is limited to $250,000.
Punitive Damages: In the event that you were hurt because of gross negligence or because the doctor intended to cause you harm, you could receive punitive damages, which are additional forms of monetary compensation purely meant to punish the defendant. However, courts and juries often see these damages as excessive or unnecessary, and they are reluctant to award them. Thus, only a seasoned attorney skilled in medical malpractice suits will be able to secure them for you.
We will do everything we can to ensure that you do not have to pay for any expenses and debts related to the incident. If you were injured during a phalloplasty, you were likely not in any way at fault. The doctor, nurse, hospital, or other entity should be held properly accountable. We will pursue the maximum compensation for your lawsuit.
Deadline to Sue for a Phalloplasty Malpractice Case
California’s laws dictate that medical malpractice lawsuits must be filed within 1 year of the discovery of the injury, or 3 years of the injury itself. This means that if you did not notice that there was a problem stemming from the surgery until 2 years after you had the phalloplasty, you can still legally sue. However, if you went to the doctor and discovered there was an issue but elected to not take legal action, your statute is actually shortened. The main exception to this rule involves foreign objects left in the body; if there were to happen during the phalloplasty, you would have no statute of limitations to follow, as the time limit is endless.
It is possible for the statute of limitations to be extended past the 2 year deadline. This can occur if you were under 18 years old when the incident happened, as minors cannot legally sue and can wait until they turn legal age to do so – or, alternatively, they can have a parent or guardian sue on their behalf. An operation may also have left you physically or mentally incapacitated, such as in a coma from a wrong dosage of medication, which could allow the statute to not count down until you return to health and awareness. Additionally, the doctor must be present in the state or country; if he leaves, the statute of limitations will be frozen until he returns.
Often, victims and patients do not know what the statute of limitations is or how much time is left on their claims. The main reason claims don’t result in compensation is due to the statute of limitations expiring. If you come to our firm, we will tell you how much time remains, and we will ensure that your case is filed on time.
Free Second Opinion on Your Case
Too often, attorneys will take on many cases at once and try to blow through all of them. This means that each case does not get the individual attention it deserves, and as a result, victims of malpractice incidents are not given the compensation they need. If your attorney is not working hard on your case, or if he is trying to get you to agree to a small settlement, you should look elsewhere for legal representation. Bad attorneys will settle claims quickly so they can receive their payments and move on to the next case.
You can call our firm for a free second opinion. We will tell you what your case may actually be worth and inform you if we believe your current lawyer is doing everything he can to adequately win your case. If you want to switch representation, there is no cost to do so.
Choosing the Best Firm
Our law firm, the Downtown LA Law Group, has recovered hundreds of millions of dollars for victims of medical malpractice and phalloplasty malpractice. We have decades of combined experience and will fight endlessly for your fair settlement. If we have to go to court to defend your rights in front of a judge and jury, we are more than willing to do so.
For a free legal consultation, call our law offices today. All consultations are totally confidential and private – none of your personal details will be shared with anyone else. You can ask us anything you wish and we’ll tell you what we believe your case is worth.
If you hire us, you’ll get our zero fee guarantee. This says that we won’t get paid until and unless we win, and if we lose, we receive nothing at all.
To sue a doctor for phalloplasty malpractice, contact the Downtown LA Law Group today.