After the Courier & Press published a story detailing how nine former patients of Evansville’s Dr. Alina Sholar have filed malpractice claims against her in relation to their breast surgeries the Doctor has fired back in a letter to her patients defending herself and blasting the paper calling it “unethical journalism”.In the letter to her patients, Dr. Sholar highlighted that eight of the nine suits stemmed from surgery performed through the Medical Cosmetic Center and said that “[i]t is no coincidence” that the claims were filed all very close in time and at a time with other pending litigation against the Medical Cosmetic Center. The filing patients had received either elective breast augmentation or reconstructive breast surgeries from Dr. Sholar and some are now alleging to have experienced scarring, infections, and even bursting. Dr. Sholar urged patients to speak on her behalf and against the “false claims” being filed against her as she will be facing a malpractice panel soon over her standard of care.
As the industry of cosmetic surgery has grown over the past ten years, cosmetic malpractice has evolved as well to become a major field of medical malpractice law. More individuals are electing cosmetic treatment each year. It is estimated 1% of America undergoes Botox treatments, 1.6 million Americans undergo cosmetic surgical procedures, and over 300,000 have undergone breast augmentation procedures.
Complications resulting from improper breast augmentation may be aesthetic or functional. Infection and scarring leading to nerve and tissue damage may be short or long term. A victim of an improper breast procedure may also need expensive corrective surgery to address disfigurement, mistakes, scars, clots, or distortion. The results may be detrimental to one’s livelihood and lifestyle. The civil awards for a victim of malpractice include compensation for such damages as well as non-monetary damages such as pain and suffering and emotional suffering.
Indiana malpractice claims are governed by the Indiana Medical Malpractice Act and case law. There is a general opinion that jurors award less to those who have suffered as a result of elective cosmetic malpractice than standard medical malpractice. This obstacle may be surmounted by experienced professionals who can calculate, demonstrate, and prove damages and that the elements of professional malpractice have been met. Thus, it is important to contact an experienced malpractice attorney to assess your possible damages and potential cause of action against a negligent practitioner.
It is important for one who may have a cosmetic malpractice claim in Indiana that they must have their suit filed within the statute of limitations which is two years from the alleged act, omission, or neglect. In cases where injuries take longer to be discovered, there may be a tolling (extension) of the time period, it is best to contact an attorney once malpractice is suspects.
The Indianapolis malpractice attorneys at Parr Richey Frandsen Patterson Kruse are committed to providing dedicated and knowledgeable representation for those who have suffered as a result of a cosmetic procedure. We are experienced at navigating insurance and the possible litigation paths. If you or a loved one has suffered as a result of cosmetic malpractice, contact us today for your free and confidential consultation by calling (888) 532-7766 or online.
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Verdict for Doctor in Medical Malpractice Lawsuit Affirmed by Indiana Court of Appeals: Ruble v. Thompson, Indiana Injury Lawyer Blog, September 28, 2012