What to Do After a Cosmetic Surgery Injury in Florida

Shortness of breath, chest pain, confusion, fainting, high fever, spreading redness, or skin turning dark or cold are reasons to call 911 or go to an emergency room. Tell the treating team exactly what procedure you had, where, and when. You may choose a different surgeon for follow-up care.

Gather every photo taken before the procedure, including any the office took during consultation. Then photograph the injury with dates, in good light, over time. Keep the original files on your phone; they carry date information that edited copies may lose.

Collect consent forms, procedure quotes, financing paperwork, receipts, pre-operative instructions, and discharge instructions. Save screenshots of the website or social media posts that described the surgeon, the facility, or the results. Keep texts, emails, and app messages with the office, and write down what you were told by phone.

Note the facility name and address, whether it was a hospital, a surgery center, or a physician's office, and who was in the room: the surgeon, any anesthesia provider, nurses, and technicians. Florida requires physician offices to register with the Department of Health before performing certain procedures, including liposuction removing "more than 1,000 cubic centimeters" of fat and Level II or Level III office surgery, and the department must inspect an office before it is registered (§ 458.328(1)(a), Fla. Stat.).

“more than 1,000 cubic centimeters”

§ 458.328(1)(a), Florida Statutes

For gluteal fat grafting, Florida sets specific requirements for the physician performing the procedure. The physician must examine the patient in person no later than the day before the procedure, must personally perform the fat extraction and injection, must inject only into the subcutaneous space and not into or beneath the muscle, and must use ultrasound guidance, or equivalent technology authorized by board rule, while placing and guiding the cannula (§ 458.328(2)(c)). The statute also requires a one physician to one patient ratio from the start of anesthesia through extubation (§ 458.328(2)(c)5.). Whether those steps were followed is often visible in the records.

Ask in writing for the full chart, including the operative report, anesthesia record, vital signs, medication log, nursing notes, and any transfer records. Physicians must provide records "in a timely manner," and release may not be conditioned on payment for services (§ 456.057(6), (17)). If you were transferred to a hospital, request those records as well. A physician involved in an office incident that requires a hospital transfer must report it in writing to the Department of Health within 15 days (§ 458.351).

“in a timely manner,”

§ 456.057(6), Florida Statutes

Offices sometimes offer a free revision or a refund in exchange for a signed release or confidentiality agreement. Read anything you are asked to sign, and speak with a lawyer first.

Cosmetic surgery claims against physicians and licensed facilities generally follow Florida's medical negligence rules. The question is whether the care met "that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers" (§ 766.102(1)).

“that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers”

§ 766.102(1), Florida Statutes

Under § 95.11(5)(c), a claim generally must be brought within 2 years from the incident or from when it was discovered or should have been discovered, and no later than 4 years from the incident, with an extension of up to 7 years where fraud or concealment prevented discovery. Before suit, the claimant must obtain a verified written medical opinion from a qualified physician (§ 766.203(2)) and serve a notice of intent, which starts a 90-day presuit period that tolls the limitations period (§ 766.106). An automatic 90-day extension is available by petition to the clerk (§ 766.104(2)). The rule barring recovery by a plaintiff more than 50 percent at fault does not apply in medical negligence cases (§ 768.81(6)). If a patient dies, § 768.21(8) bars adult children, and the parents of an adult child, from recovering certain wrongful death damages in these cases.

Our guide, How Florida Medical Malpractice Claims Work, explains each of these steps in more detail.

We start by listening to what happened and reviewing the photographs and paperwork you already have. We then gather the complete records, confirm who performed each part of the procedure and where, and compare that against Florida's office surgery rules. Where the facts support it, we arrange a review by a qualified physician who practices in the relevant field and explain the results in plain terms. Meetings are by appointment only. Call 305-748-3789 to schedule a time to talk.