Can necrosis and seroma's be considered malpractice?

Question

I had plastic surgery in Mexico about 6 weeks ago and ended up with huge seroma and necrotic tissue of abdominal wall and belly button. I contacted doctor and sent pictures via text, and he advised me to use neosporin and to try and get a prescription of antibiotics from PCP. Ended up in ER here in US, hospitalized and underwent two surgeries for tissue removal and and ended up with wound vac. I see a wound doctor twice a week, and my insurance is stating it was medical malpractice. Is that the case?

Jourdan Gottlieb, MD · Answer

You are asking a legal question to physicians. It certainly sounds like you have had a bad outcome, but that does not necessarily mean that there was malpractice. There is not enough information here for any physician to comment as to whether a standard of care was violated.  Of course, since your surgery was done in Mexico, what someone thinks in the US will not necessarily have any bearing on practice patterns outside this country. An attorney is more likely to be capable of answering your question, probably with the assistance of a plastic surgeon reviewing the case. Sorry to read about your troubles. All the best.

Ronald V. DeMars, MD (Retired) · Answer

I hope a lot of people follow this site. This letter is exactly why we say overseas surgery in an uncontrolled environment will not necessarily save you money. I think you need to accept responsibility for your choices. Whether or not there was any malpractice is immaterial unless you thnk you can afford to move to Mexico and try to get this through their wonderful legal system. I doubt you will have any insurance coverage unless you have a very unusual company, as every carrier I have any experience with specifically excludes complications of cosmetic surgery.

Paul Silverstein, MD (retired) · Answer

The American Society of Plastic Surgery warns against the problems of Americans seeking cosmetic surgery abroad  (Medical Tourism). You, unfortunately are a prime example.  Foreign doctors are not trained like, nor held to the same standards as American specialists.  I'm sure you had reasons for going to Mexico, and now, unfortunately you have paid the price.You have a very small chance of suing a foreign doctor successfully, because of a difference in standards and law.  At the very least you would have to use Mexican attorneys, and be able to prove without a doubt that your surgeon was negligent and did not measure up to the standard of practice in Mexico,(not the U.S.). I would not advise you to spend a lot of  your U.S.dollars trying to pursue a lawsuit in a foreign country. You have, however, learned an     expensive and painful lesson.

Can necrosis and seroma's be considered malpractice?

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Can necrosis and seroma's be considered malpractice?

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