Individuals have plastic surgery, or cosmetic surgery, to reconstruct parts of their body. This can be done either to repair damage from an injury, illness, accident, or prior surgical procedure or to achieve an aesthetic goal.
Although plastic surgeries are performed to enhance an individual’s appearance and boost their self-confidence, a botched surgery can have the opposite effect. A botched plastic surgery can cause emotional, physical, and financial damages.
Botched plastic surgery is surgery that has a very poor or unexpected outcome because of poor planning or poor technique used by the surgeon. In other words, it is a bad surgery that has detrimental results.
It is important to be aware that the individual must be able to show that their plastic surgery was actually botched and was not simply a result of surgical regret. In a botched surgery, the surgeon failed to follow the accepted standard of care which resulted in unexpected surgical results or complications.
The potential consequences of a botched plastic surgery may include:
- Skin neurosis
- Wound separation
- Disfigurement
- Skin irregularities or discoloration
- Permanent and severe scarring that is beyond the degree that would be expected
- Infection
There are some common examples of botched plastic surgeries that can occur. For example, with a facelift, a patient can suffer from disfigurement or nerve damage.
If a facelift is not performed properly, the patient can end up with what is called pixie ears. This means that the ear lobe appears to be attached to the side of the individual’s cheeks instead of hanging freely.
Another type of botched surgery can be a badly performed neck procedure. One common issue seen in these cases is neck burns.
Breast surgeries may also have poor results, which may include:
- Exposed implants
- Malposition of the implants
- Deflated implants
- Scarring from a previous breast surgery
When Can You Sue for Unsatisfactory Plastic Surgery Results?
Plastic surgery is considered a highly expensive and elective cosmetic procedure that alters a part of the patient’s face or body. However, not all patients choose to get plastic surgery for cosmetic purposes, and require it after a severe injury occurs during an accident. Although there may be different reasons for getting this sort of medical procedure done, there are times when the results are less than satisfactory.
In these situations, a patient may want to sue for the damages resulting from the medical treatment procedure. However, there are only specific types of plastic surgery cases that are considered to be a valid claim. Lawyers are cautious about accepting these sorts of cases due to the inherent challenges of the lawsuit.
You can research more on LegalMatch.com to determine what is a valid claim, but this article will provide you with a brief overview. Each case must contain the proper elements for the suit to be viable. This is where your legal team will advise on how to proceed in your situation and what your options are. There are special exceptions that permit someone to seek compensation for the resultant surgery.
What Are the Challenges of Plastic Surgery Cases?
A patient can sue for a medical malpractice case for plastic surgery. However, these cases have many elements, and it can become challenging to prove them in court. There must be more issues involved in the case than an unsatisfactory result from the procedure. There is a process of careful review and vetting involved by the legal professionals to determine whether or not the case is viable for the court. The main reason for the decline in the claim is that it has little to no possibility of winning in court or with a judge.
Some of the factors the judges consider a valid case are whether or not there were materials left inside a person after the medical procedure and whether or not it damaged the patient’s bodily systems.
Furthermore, if there is scarring left after the surgery, if there are anesthesia inconsistencies, and if there is extensive pain once the procedure has been completed. Additionally, issues include dealing with consent, misinformation, wrong location for the procedure, and incorrect medicine dosage.
The patient needs to be left injured after the medical procedure to be regarded as a medical malpractice suit. Some of these may include the following:
- Damaged Skin;
- An injury that caused a visual distraction and;
- Permanent loss of hair.
The above injuries and the others mentioned earlier can create a means for the lawsuit. If additional medical treatment is necessary after the plastic surgery is completed, then this could allow for a suit. If you need additional assistance to have a legal professional evaluate your case, you can reach out to a lawyer at LegalMatch.com.
Besides the physical injuries resulting from plastic surgery, some claims result from misrepresentation or not completing the surgery within the scope of the desired procedure. False advertising and unrealistic expectations can also become grounds for a lawsuit for medical malpractice.
Patients may have been perceived to look a certain way, but the actual surgery resulted in something else. This is usually due to the unreasonable expectations that are often provided by doctors when advertising how their procedures are the best or if they can assist anyone.
Another main reason for a claim would be due to the incompetence of a doctor when performing surgery on an individual. The results are flawed in some manner, and the outcome is not as expected or promised. This sort of lawsuit deals with when the performing surgeon does not have the skill set to accomplish what is necessary or requested by the patient.
Therefore, patients will seek damages from doctors who fail to perform to their medical abilities. If you find yourself in these situations, you can seek a legal professional to determine what your options are and what the best way is to proceed with a court case.
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How to Prove Liability in Plastic Surgery Cases?
With every procedure, there is a standard of care that must be adhered to. Although cosmetic surgery is considered elective, a surgeon must maintain the appropriate standard of care in their specialty. The definition of this is what a competent cosmetic surgeon would have done when they were treating a similarly situated patient undergoing a similar procedure.
The first element you need to prove is that there is an established doctor-patient relationship with the cosmetic surgeon, and they failed to provide you with the proper standard of care. This will likely be used as evidence and to establish liability.
In cosmetic surgery cases, as with others, expert testimony will be required to demonstrate the defendant’s failure to provide a proper standard of care. For instance, the physician failed to identify the warning signs for the patient, and they made deeper or longer incisions than needed, disrupting other areas of the patient’s body. However, there can be other parties involved in the mistake besides the cosmetic surgeon—for instance, the attending nurse or the anesthesiologist.
But, as stated earlier, simply dissatisfied with the procedure cannot be the only basis for a medical malpractice lawsuit. There must be a strong showing of injury that specifically resulted from an error by the doctor or other health care provider, and the only way to redeem this is through obtaining damages through the lawsuit. Lastly, there needs to be evidence of medical error and testimony about the impact of the error on your work or daily activities.
What Risks Are Inherent in the Plastic Surgery Procedure?
Each individual must be prepared to take on the inherent risks involved in the plastic surgery procedure. One of the biggest risks comes with the injections that go wrong. A patient could develop necrosis, a form of cell injury that results in the premature death of cells. This can lead to permanent scarring.
Be wary of the online advertising of cosmetic medical procedures. You need to be aware of the fraud in this field. Research shows that social media and other platforms can be infiltrated with scammers, and it is important to do thorough research on these plastic surgeries. There are reports from accredited members who had treated patients who suffered from serious complications after treatment, according to the Guardian news.
Doctors and campaigners have urged the public to take more action to make sure rogue operators are banned from practicing. Unfortunately, there is no strict regulation when it comes to dermal fillers, and they can be administered without medical training, and practitioners can buy the products online.
There should be more regulations for this and more education on the catastrophic permanent side effects if they go wrong. The consultant plastic surgeon and Secretary of the British Association of Plastic, Reconstructive, and Aesthetic Surgeons (BAPRAS) discuss the importance of educating the public and informing them about the devastating long-term issues associated with the procedures. It is highly expensive and painful to undergo the process itself.
How Can You Avoid Botched Plastic Surgery?
Plastic surgery can be a very safe procedure but there are important steps an individual should take before having surgery to ensure it turns out well, including:
- Using a board-certified surgeon: An individual does not have to be a plastic surgeon to perform a cosmetic surgery. Only a board-certified plastic surgeon has the extra training to perform cosmetic and reconstructive surgeries properly.
- Research the doctor or surgeon: It is important to take the time to meet with the doctor or surgeon before the surgery and research their credentials. An individual may also ask for past examples of their work.
- Do not engage in medical tourism: Medical tourism may be able to save money, but it is not worth the risk. An individual may end up spending more on repairing the botched surgery that they would have using a trusted surgeon in their area.
- Avoid practitioners who do not have a license: It is important to avoid unlicensed practitioners or unapproved procedures. Using a licensed surgeon who is performing an approved procedure will greatly minimize any risk.
- Ask about possible risks: There are risks associated with any type of surgery. It is important to discuss these risks prior to a surgery and make an informed decision, as some procedures are more risky than others.
When Do I Need to Contact a Lawyer?
Cosmetic surgery is a medical procedure that allows you to alter the desired bodily or facial features. There are only viable claims if the procedure does not go as planned. You must consult a lawyer to understand if you have a case to bring to court.
If you are struggling with your situation and facing legal issues related to cosmetic surgery, do not hesitate to contact a local personal injury lawyer to discuss your options.
