What is Cosmetic Surgery?Cosmetic surgery is a type of medical procedure that is intended to improve the physical appearance of a patient. Some common types of cosmetic surgery are eye-lifts, breast augmentation, face-lifts, liposuction, collagen injections, and rhinoplasty.
When Has a Cosmetic Surgeon Committed Malpractice?In order to be able to sue a cosmetic surgeon for malpractice, a patient must prove:
- What the duty the cosmetic surgeon owed to the patient,
- The cosmetic surgeon did not meet the applicable standard of care they owed to the patient, and
- The cosmetic surgeon's actions caused the patient injuries, without any outside interfering events.
What Duty Does a Cosmetic Surgeon Owe a Patient?Determining the duty and applicable standard of care a cosmetic surgeon owes a patient is a very difficult thing to prove. Most courts require expert testimony to show that an ordinary or responsible cosmetic surgeon would not have done the same thing as the surgeon being sued. In determining this, a court will consider the expert testimony regarding a cosmetic surgeon's degree of skill, care, and the education they posses.
Are There any Defenses to Malpractice in Performing Cosmetic Surgery?There are four generally accepted defenses a cosmetic surgeon can use when they are sued for malpractice:
- The cosmetic surgeon did adhere to the applicable duty and standard of care they owed a patient,
- The cosmetic surgeon's actions had no causal connection with patient injuries,
- The patient was negligent, meaning their failure to take care of themselves is what caused their injuries, or
- A state statute limits medical malpractice lawsuits.
What Injuries are Recoverable for Malpractice in Performing Cosmetic Surgery?
Along with any physical injuries that arise from the cosmetic surgery, a patient is generally entitled to:
- Economic losses,
- Mental and emotional suffering,
- Future medical costs,
- Punitive damages in some cases, and
- Sometimes a person not party to the surgery, like a spouse or parent, can recover some damages.
Do I Need an Attorney for a Malpractice in Performing Cosmetic Surgery Lawsuit?If you are considering suing a cosmetic surgeon for their operation on you, or you are a cosmetic surgeon being sued for malpractice by a patient, it is highly recommended for you to find a personal injury attorney who specializes in medical malpractice. Only they will be able to explain the issues, defend your rights, and get or protect against any award of damages. |
