Employer Fundamentals: Understanding Employment Law
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Employer Fundamentals: Understanding Employment Law

As a business owner, keeping informed about the finer points of employment law is important. If you're getting ready to hire your first employees, you need to be sure that you understand exactly what you can and cannot do. Don't risk getting yourself into legal trouble by asking the wrong question at the interview or making an off-hand comment that's considered legally unacceptable. I created this site to give you the basics of employment law expectations. I hope that the information here helps you to understand what you should and shouldn't do as you're interviewing and hiring your first staff members.

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Employer Fundamentals: Understanding Employment Law

Cosmetic Surgery Fail: What To Do If Your Procedure Results In Less-Than-Flattering Results

Irene Robertson

Undergoing a cosmetic procedure should be a time of optimistic anticipation, where you just can't wait to see your new look. Unfortunately, sometimes, these procedures go wrong. Medical mistakes are, in fact, the third leading cause of death in the United States, meaning even the most esteemed doctors are capable of committing grave and costly errors. If your plastic surgery has gone wrong, dire consequences could ensue, in addition to how much of a struggle it will be just to face the world each day. 

1. Don't Fall Apart

It's much easier said than done, but it's important that you keep yourself together following any type of medical malpractice incident. Your first instinct might be to run back to the surgeon in question, for example, demanding they rectify your unfortunate situation. However, that may not be the best course of action, especially since you must now question their skills to begin with.

If possible, take time off from work and social activities to focus on resolving the botched surgery. Confide in your closest of friends, asking for their support in whatever ways they're able. Besides having changed your appearance to something less-than-flattering, the surgeon responsible for your situation has also committed medical errors, and that is where your solution lies.

2. Don't Rush For A Do-Over Just Yet

Visiting another plastic surgeon should not be your first order of business. As difficult as it may be to tolerate your new look, consider it a temporary necessity while you tend to the legal aspects of your situation.

It's important that you document your current state photographically and have it analyzed by other medical professionals. Retain all of your records, most especially any "before" pictures you may have and documentation of what your plastic surgery was supposed to accomplish.

3. See Your Primary Physician

Because any type of botched surgery can result in complications, such as an infection, pain, or discomfort, you should be evaluated by your primary care physician right away. Your doctor needs to rule out additional consequences which may arise due to the plastic surgeon's mistake(s). Also, your physician can help you document the mistakes made by your plastic surgeon, and that information is essential to your pursuit of legal action.

4. Talk To A Medical Malpractice Lawyer

Besides assuring your own health and wellness following any mistake made by a doctor, you need to speak with a medical malpractice law service. They'll help you understand the legal complexities, along with advising you on how to handle your follow-up (corrective) surgery. In order for your case to be considered medical malpractice, certain criteria must be met:

  • The medical obligations (owed to you, as a patient), were not met.
  • A (set) standard of care was not met.
  • Your injury, pain, discomfort, infection, complication, disfigurement, or any other consequence was directly caused by the surgeon's actions or inactions or by a member of their team.
  • Since your case (most likely) resulted in emotional suffering, medical malpractice may not be a required precursor to a lawsuit; however, the legal intricacies must be evaluated by a lawyer.

The opinions and subsequent testimony of other medical professionals are essential to your success, which is why it's so important that you be medically evaluated (and treated, if necessary) by another physician. Another care provider should be able to attest to the fact that the care you received differs from the norm.  

It's necessary to note that if you contributed to your injury in any way, such as by not following instructions or not taking prescribed medicine, comparative negligence may come into play, where the surgeon might only be held partially responsible. Your suit can include surgical nurses and other attendees, the manufacturers of medical equipment, and additional parties, all of which will be detailed by your legal team.

Keep in mind that your emotional self will (understandably) want to improve your appearance first and foremost, but your logical self should recognize the gravity of the legal ramifications of the situation in the hopes of obtaining justice and compensation, as well as to (try to) prevent such a life-affecting mistake from happening to someone else.

5. Consult With Another Plastic Surgeon

Once you have the go-ahead from your medical malpractice lawyer, schedule an appointment with another plastic surgeon who can, hopefully, restore your appearance. Your lawyer may be able to recommend a talented surgeon from their own dealings with similar cases. The surgeon you follow up with may also be called upon to testify as to the nature of your condition (as a result of the botched procedure), how it could have and should have been prevented, and what measures they took to remedy the previous surgeon's errors.

While doctors are only human, they're held to a higher standard, according to the higher level of responsibility they're assigned. Lives depend on them in so many ways, but, unfortunately, the standards of care and conduct aren't always met. When that happens, it's imperative that you have an attorney who knows what can be done and how to do it in a court of law. Contact a law firm like Lee Eadon Isgett Popwell & Owens to learn more.


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