The Potential for Jury Prejudice In Plastic Surgery Cases

by | Jul 13, 2016 | Lawyers

All surgical treatments carry some amount of risk. As an individual goes through surgery, they typically are informed about the potential harms related to the treatment. In most instances, the medical team and surgeon completing the procedures are very skilled, correctly trained, and experienced enough to conduct the surgery without errors. However, not all operations are successful, and within some instances, surgical mistakes can cause permanent injury or death.

Be on the Lookout for the Statute of Limitations
Each state has laws which restrict the quantity of time the plaintiff has to file a case for damages. It’s referred to as a statute of limitations, and the law will vary in every state. Usually, the time frame may range from 1 – 5 years from the time the medical malpractice happened, or as the malpractice was discovered.

Potential for Jury Prejudice in Elective/Cosmetic Surgery Claims
As juries are directed to follow the stringent letter of law and obtainable proof while deliberating a case. It is human to bring bias to the equation. When it comes to elective medical treatment, jurors might place judgement against an individual in the deliberation room. “She should not have done the operation in the first place”, or “he did not need that treatment done”, or “this might have been avoided if she was satisfied with the body she had”. These are typical views anyone may have about an individual going through cosmetic surgery. Anybody can become a juror.

The defense within an elective surgery malpractice claim is well aware of this truth, and will utilize it to minimize pre-trial settlement offers. Within these claims, a skilled medical malpractice attorney may mean all the difference.

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