Howard Coker | July 28, 2026 | Medical Malpractice
Not every bad outcome from a plastic surgery procedure gives you grounds for a lawsuit. That might be hard to hear if you’re living with results that look nothing like what you were promised. However, under Florida law, being unhappy with how things turned out is not the same as having a legal claim. The distinction comes down to whether your surgeon was negligent.
If the care you received fell below what a competent plastic surgeon would have provided in the same situation, you may have a valid medical malpractice case. Continue reading for what you should know about how these cases work in Florida.
Medical Malpractice Law and Plastic Surgery
Plastic surgeons are held to the same legal standards as any other medical professional in Florida. Under Florida Statutes Section 766.102, a medical malpractice claim exists when a healthcare provider’s treatment falls below what the law calls the “prevailing professional standard of care.” In plain terms, that means your surgeon did something that a reasonably trained plastic surgeon would not have done under similar circumstances.
All surgeries carry some degree of risk, however, and sometimes outcomes fall short even when the surgeon does everything right. The question is whether the result you’re dealing with was caused by a preventable mistake.
Examples of conduct that can cross the line into malpractice include:
- Operating on the wrong area of the body
- Failing to maintain sanitary conditions
- Making careless errors during the procedure that lead to scarring and disfigurement
- Failing to properly monitor your recovery after surgery
- Ignoring warning signs of infection and other post-operative complications
- Not fully disclosing the risks of the procedure beforehand
Importantly, signing a consent form before your surgery does not necessarily protect the surgeon from liability. Those forms acknowledge the inherent risks of a procedure, but they do not give a surgeon permission to be careless. If negligence caused your injuries, that consent form will not stand in the way of your claim.
Florida’s Pre-Suit Requirements
One thing that sets medical malpractice cases apart from other personal injury claims in Florida is the pre-suit process.
You can’t just file a lawsuit right away. Florida Statutes Section 766.106 requires you to take specific steps before your case can move forward:
- You must conduct a pre-suit investigation to confirm that there are reasonable grounds to believe malpractice occurred
- A qualified medical expert in the same specialty as your surgeon must review your case and provide a written opinion supporting your claim
- You must serve a formal Notice of Intent to Initiate Litigation on the surgeon via certified mail
- After the notice is served, there is a 90-day waiting period that must be followed
Skipping any of these steps can result in your case being thrown out, regardless of how compelling your evidence is. This is one of the biggest reasons to work with an attorney who handles Florida medical malpractice cases specifically.
What Is the Statute of Limitations for a Plastic Surgery Malpractice Claim in Florida?
Florida law places strict deadlines on filing medical malpractice lawsuits, including claims involving negligent plastic surgery. In most cases, you have two years from the date you discovered, or reasonably should have discovered, that malpractice occurred to file a claim. However, there are exceptions that can shorten or extend this deadline in certain circumstances.
Because Florida’s medical malpractice statute of limitations can be complicated, waiting too long can put your right to compensation at risk. An experienced attorney can determine which deadlines apply to your case, ensure the required pre-suit procedures are completed on time, and protect your ability to pursue a claim.
Schedule a Jacksonville Medical Malpractice Attorney at Coker Law Personal Injury Lawyers for a Free Consultation
If your plastic surgery results go beyond a disappointing outcome and into the territory of genuine negligence, you may be entitled to compensation. An experienced medical malpractice lawyer at Coker Law Personal Injury Lawyers can walk you through the legal process and work toward recovering everything you’re entitled to under state law.
Contact us today or send a message online to schedule a free consultation.
Coker Law Personal Injury Lawyers
136 E Bay St #5438
Jacksonville, FL 32202
(904) 356-6071
Find us with our Geo Coordinates: 30.32569719086265, -81.65515220132858
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ABOUT THE AUTHOR
Attorney Howard Coker is the founder of Coker Law Personal Injury Lawyers. A graduate of the University of Florida College of Law, he has dedicated his career to representing individuals in serious personal injury cases. With more than four decades of courtroom experience and over 350 jury trials, Howard is recognized as one of Florida’s top trial attorneys. His commitment to justice ensures every client receives the strong, personalized representation they deserve. Check our recent case results.
Location: Jacksonville, FL