Sex Reassignment Surgery Lawsuit Malpractice Lawyer
Sex reassignment surgery is a common operation in transgender individuals. The procedures have been in use for decades and have made many strides in recent years. Some doctors, however, are still uncomfortable with these procedures or may not have adequate experience to perform them seamlessly with no flaws or errors. If you were injured because of a doctor’s error, you should take legal action with the help of the Downtown LA Law Group. We will ensure that your sex reassignment malpractice case is a success and that you are given the compensation you deserve. We are often asked questions regarding these types of claims, some of which include:
Can I sue a doctor for sex reassignment malpractice?
Yes, you can sue a doctor or hospital if you were injured during a sex reassignment surgery, which would be labeled as medical malpractice.
Is there a case if I had lasting injuries from sex reassignment surgery?
Yes, you have a case if your injuries popped up later in life or appeared after the surgery.
Can parents bring a suit on behalf of their children?
Yes, California laws allow parents to file lawsuits on behalf of their children if their children were injured in medical malpractice instances. Minors cannot sue, and if they require representation, parents can provide it.
Types of Sex Reassignment Malpractice
It is possible for a sex reassignment surgery to go wrong or for the doctor to make an error. A botched operation can occur in which the doctor makes the wrong choice and surgically removes genitalia that he should not, or he operates on the internal organs when he was supposed to focus only on external organs. He may accidentally slip while using the scalpel and cause nerve damage and loss of sensation, or even muscle damage, resulting in the loss of motion and strength.
Additionally, there could be an error with medication. He could have used the improper dose of anesthesia, resulting in an overdose, or you could have been completely awake but only half incapacitated, able to feel but not speak. He may also have prescribed the wrong medication or dosages, leading to internal complications.
Generally, sex reassignment surgeries involve additions or removals of sexual organs. There may be some plastic surgery involved as well. There is the potential for a doctor to make a basic error, but he could also be deliberately careless due to biases and prejudices.
It is important that you are aware of your rights as a patient, and if you were injured during a sex reassignment procedure, you have legal options.
Defective Medical Device
Defective Medical Device
How to Sue for Sex Reassignment Malpractice
In order to file a claim based on sex reassignment malpractice, you must be able to prove that there was negligent action from the doctor. There are four points that must be shown as true. You must have had an established doctor/patient relationship with the doctor, the doctor must have breached his duty of care in some way, the breach of duty must have resulted in an accident or incident, and the incident must have resulted in physical injuries. It will also be required that other doctors testify that they would not have acted in the same manner under the same or similar circumstances.
As soon as you have been discharged from the hospital, you should gather your proof. It can be hard to gather proof immediately, especially if you cannot determine the extent of the damage from the malpractice. You should hold on to all medical receipts, insurance billings, treatment notes, and more. You can also go to another doctor to get additional treatment to offset some of the damages. The importance of medical treatment has two purposes. For one, you will be healthy and not subjected to further injuries, and two, the sooner you get treated, the less likely it is that the insurance agent will doubt the validity of your case.
Next, you should take photos of your injuries and damages to show the severity. They may heal in the meantime while the case is going on, so it is required that you have proof of how serious they were.
If there were any eyewitnesses who could attest to the doctor’s wrongful or negligent actions, such as nurses or other patients, you should try to get their information and record their statements and testimonies. It can be hard to get employees to testify, though, as they may not want to cause any strife.
You should be ready to alert your insurance company to any medical treatments that occurred that you did not give consent to.
You can file an incident report with the hospital so they have a record of the occurrence and negligence, as well as your intention to file a claim.
Finally, it is highly recommended that you search for the assistance of an expert attorney who has experience in sex reassignment malpractice lawsuits. You might not have legal experience, the ability to negotiate, the time to spend on a claim, or the ability to dive into a lawsuit when you’re busy recovering from damages. The stress levels could also impede your recovery time. Our attorneys will work around the clock to ensure that you are given the compensation you deserve.
Compensation from a Medical Malpractice Lawsuit
The value of your claim will be determined by the insurance agent handling the case. You should be aware that the extent of your injuries, the impact they had on your life and career, and more will all be used to weigh the value of your case. Our goal is to ensure that you are fully compensated for the injuries you suffered, and you should not have to pay a single dime to cover these expenses. We will pursue the following forms of restitution for your claim:
Medical expenses: Corrective surgery, hospitalization, medication and prescriptions, physical rehabilitation, and future medical treatments can be covered in a lawsuit. It is important to understand that medical expenses have no upper limit in medical malpractice claims, so you can recover as much as possible.
Lost wages: If you were out of work for a period of time because of your injuries, or if you will not be able to work in the future due to recovery time or other medical treatments, your wages can be reimbursed. You can receive coverage for tips, commissions, benefits, and more.
Property damage: Though uncommon in medical malpractice claims, you can receive coverage for damage to broken personal belongings.
Pain and suffering: You can receive coverage for psychological damages, such as fear, anxiety, PTSD, and mental stress. However, in medical malpractice lawsuits, these damages are capped at $250,000.
Punitive damages: Punitive damages are additional forms of monetary compensation that are handed out in times of gross negligence or the intent to cause harm. However, only a skilled lawyer can win these for you because they are viewed as excessive by many courts.
Wrongful death damages: If a family member or loved one passed away because of the negligent actions of a doctor, you could have funeral and burial expenses covered, as well as a loss of consortium, loss of inheritance and expected savings, and pre-death pain and suffering and medical expenses.
The various debts that can rack up after a malpractice case should not make you worried. Our attorneys will stop at nothing to win you every cent of the damages you deserve if you were injured in a botched operation during a sex reassignment surgery.
Deadline to File a Medical Malpractice Lawsuit
All lawsuits, including medical malpractice cases, have a statute of limitations that you must follow. If you try to file a claim beyond this date, then you will not be able to receive any restitution for your damages. In California, you have one year from the injury itself or three years from the discovery of the injury to file a lawsuit against the doctor or hospital. The one exception to this rule involves foreign objects left behind in your body, in which case, there is no statute of limitations on when you can take legal action.
There are scenarios in which the statute can be temporarily suspended. If you were underage at the time of the malpractice, the deadline would not begin counting down until you turn legal age at eighteen years old. Minors cannot legally sue; however, a parent or guardian could act as a representative. Additionally, if the doctor left the state or the country, the deadline would not begin counting down until he returns. Moreover, if you were left mentally or physically incapacitated after the malpractice or surgery, your statute would be frozen until you return to functional health or awareness of mind.
Many individuals do not file medical malpractice lawsuits on time because they do not know how long the statute of limitations is or because they try to take action too late. It is imperative that you speak with a skilled layer to determine how much time is left on your case. We will be sure to file all your documents on time and there will be no chance of any deadlines being missed.
The Best Medical Malpractice Attorneys
The Downtown LA Law Group has recovered hundreds of millions of dollars in compensation for victims of medical malpractice cases. We know that sex reassignment surgery is a big step and a heavy choice, and you should be protected at all costs. If you were hurt in any way, you can receive the restitution you deserve. Our aggressive attorneys will stop at nothing to win your claim, even if it means going to court to fight for your rights in front of a judge and jury.
For a free legal consultation, call our law offices today. We will talk you through your case, answer all your questions, and help you understand the legal process. If you want to hire us for your case, we will ensure that you pay nothing from start to finish. Our zero fee guarantee says that we will get paid if we win, and if we lose, you owe us nothing. The settlement from the hospital will be used to cover our legal fees.
To file a medical malpractice lawsuit due to a botched sex reassignment surgery, get in touch with the Downtown LA Law Group today.