I’m suing a plastic surgeon for medical malpractice after he injected liquid silicone into my nose during a facial surgery without my consent. This substance is banned by the FDA due to high risks, and I’m dealing with lasting health issues and disfigurement. I’ve listed both recklessness and negligence in my claim—recklessness because he used a banned filler without consent, and negligence because the silicone may have been injected into blood vessels, causing further damage. Anyone know if I can argue both in separate causes of action?
Yes, you can argue both, as recklessness and negligence focus on different parts of the doctor’s behavior. Recklessness is about his conscious disregard for risks, while negligence would be his lack of care in performing the procedure.
@Whit
Good to hear! So I’ll keep recklessness in the medical malpractice cause and argue negligence separately.
Lin said:
@Whit
Good to hear! So I’ll keep recklessness in the medical malpractice cause and argue negligence separately.
Sounds like a solid plan. Showing both types of wrongdoing could strengthen your case.
Your situation seems pretty serious. Documenting both the recklessness (like ignoring FDA bans) and negligence (like injecting into blood vessels) should give the court a full picture of the harm.
Ellis said:
Your situation seems pretty serious. Documenting both the recklessness (like ignoring FDA bans) and negligence (like injecting into blood vessels) should give the court a full picture of the harm.
Thank you. I have scans showing calcifications in my blood vessels which might help prove negligence.
@Lin
Exactly. Expert testimony on those findings could help tie his actions to your injuries.
Expert testimony is crucial for these cases. Make sure you have specialists who can explain how the banned silicone caused your injuries.
Lennon said:
Expert testimony is crucial for these cases. Make sure you have specialists who can explain how the banned silicone caused your injuries.
Definitely. I’m working on lining up experts now.
@Lin
Good move. Their input will be key to showing recklessness and negligence.
Be sure to lay out clearly in your amended complaint that recklessness is part of your medical malpractice claim due to his disregard for patient safety.
Hadi said:
Be sure to lay out clearly in your amended complaint that recklessness is part of your medical malpractice claim due to his disregard for patient safety.
Yes, this will show the court that his actions went beyond simple negligence.
I think you’re on the right track. Keep both recklessness and negligence in different sections, and let the evidence back each one up. Sounds like you have a strong case.
Magdaline said:
I think you’re on the right track. Keep both recklessness and negligence in different sections, and let the evidence back each one up. Sounds like you have a strong case.
Thanks! I appreciate everyone’s input. I’ll keep pushing forward with both claims.
@Lin
Best of luck. This doctor should definitely be held accountable for what happened.