On May 11, 2024, Governor Ron DeSantis signed HB 1561 into law. The new plastic surgery law in Florida introduces regulations to enhance patient safety, particularly with liposuction and Brazilian Butt Lifts (BBLs) procedures.
These changes are designed to address issues in the industry, hopefully ensuring better protection for individuals undergoing these procedures in Florida.
The Miami plastic surgery market
The Florida plastic surgery market is a booming one. Miami-Dade is seen by some as the plastic surgery capital of the United States, with one clinic generating an estimated $17.5 million in revenue in one year. Individuals travel from across the country, or even from other countries, for a number of reasons, including the number of plastic surgeons in Miami and the expertise in the area.
The scope of the market gives individuals a wide array of options. However, there are serious concerns about the safety of some of the clinics and the types of procedures they perform. Since 2019, there have been 45 deaths related to plastic surgery in Miami. The Florida Legislature, seeking to protect Floridians and those seeking certain procedures in Florida, has provided new restrictions with a new plastic surgery law.
Miami-Dade Plastic Surgery Malpractice Cases
While many plastic surgery cases end without incident, Miami plastic surgeons are parties to a high number of medical malpractice cases. Some of these cases end tragically, such as the 2016 case of Heather Meadows, mother of two, who died of complications during a BBL surgery. More recently, a mother of five, Ella Russell, died of complications during an illegal BBL surgery at a Miami clinic resulting in the operating surgeon having his license suspended.
Alarmingly, as reported in 2019 by USA Today, one in five plastic surgeons were uninsured. Having uninsured or underinsured medical professionals performing surgeries is a significant risk to individuals.
4 Things to Know About the New Plastic Surgery Law in Florida
The new law aims to reduce potential risks associated with liposuction and BBL procedures by mandating stricter registration and liability coverage requirements. Here are several key provisions in HB1561:
1. Mandatory Registration: Doctors performing liposuction procedures involving more than 1,000 cc of supernatant fat must register their offices with the Florida Department of Health. Previously, this was only required if the fat removal was permanent. The new requirement includes temporary fat removal, impacting many BBL procedures as fat is removed and placed elsewhere in the body within the same procedure.
2. Increased Fines for Non-Compliance: The law increases fines from $5,000 per day to $5,000 per procedure for doctors who perform liposuction in unregistered centers.
3. Liability Coverage: Doctors performing BBLs must carry professional liability coverage of at least $250,000 per claim and $750,000 annually, or secure an equivalent irrevocable letter of credit.
4. Surgery Center Coverage: The law also mandates that surgery centers where gluteal fat grafting procedures, also known as BBLs, are performed must have financial responsibility similar to the doctors. This means these centers must also carry adequate liability coverage, ensuring that both the facility and the operating doctors are financially accountable for patient safety.
What Individuals Should Do if Their Plastic Surgeon Makes a Mistake
If an individual is injured as a result of a plastic surgery procedure, there are several important steps that they should take as soon as possible. This list is not exhaustive but can serve as a reasoned starting point.
1. Get medical help immediately. Pursuing a medical malpractice claim does not mean individuals should wait to seek proper treatment for any injuries or illnesses. In fact, failing to seek medical care quickly and following medical recommendations can result in catastrophic health outcomes and provide negligent doctors with a defense to a claim. Get help, and remember to keep documentation and billing records to share with a medical malpractice attorney.
2. Reach out to a lawyer as soon as possible. Individuals have a limited amount of time to file a claim. It is imperative to contact a board-certified lawyer as soon as possible. Generally, the statute of limitations when filing for a medical malpractice claim in Florida is two years.
3. Preserve any evidence. A lawyer will ask for any evidence to investigate a medical malpractice claim further. Maintaining a file containing photos, videos, and medical documentation is essential to building the strongest claim to take forward.
4. Gather medical records. Medical records may be misplaced. By gathering records in one place, individuals can avoid losing documentation, which may be crucial to proving a medical malpractice claim.
Medical Malpractice Lawyers Advocate For Your Rights
Panter, Panter & Sampedro is experienced with complicated medical malpractice and hospital negligence lawsuits. In 2013 Panter, Panter & Sampedro secured a multi-million dollar verdict for a client whose doctors ignored their needs and treated their arising conditions improperly, which are common claims in plastic surgery medical malpractice lawsuits and examples of behavior which the new plastic surgery law seeks to correct.
If you believe that a hospital may have been negligent with your or a loved one’s plastic surgery procedure, book your free consultation with one of our attorneys by contacting our office at (305) 662-6178.
Mitchell Panter, Esq. is a Board Certified Civil Trial Attorney, Community Advocate and Managing Partner atPanter, Panter & Sampedro, P.A.
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