Botched plastic surgery is failed cosmetic or reconstructive procedure that causes undesired results. In other words, something went wrong with the surgery, causing the patient to be unsatisfied with the outcome. Botched results can occur for standard plastic surgery procedures, including breast augmentation, rhinoplasty, and tummy tucks.
What Are Types of Botched Cosmetic Plastic Surgeries?
Botched cosmetic surgery mistakes include:
- Leakage from the incision site or adjacent area
- Performing the procedure incorrectly, especially if the surgery is meant to be minimally invasive but is more invasive than advertised
- New injury because of an error or mistake
- Further complications with the original surgery
- Anesthetic error
- Surgical error, which occurs when the surgeon performed the procedure correctly, but made an error such as leaving gauze within the wound
- Wrong medication
- Nerve damage
- Substandard after-care
Can a Surgeon be Held Liable for a Botched Cosmetic Surgery?
Yes, a surgeon can be held liable if they acted negligently and made a mistake before, during, or after the surgery. Medical negligence occurs when a physician acts or fails to act while performing his or her duty. That negligence then results in the harm or death of a patient. This is commonly called medical malpractice.
When Does a Botched Cosmetic Surgery Become Medical Malpractice?
Plastic surgery has a lot of risks and complications which has nothing to do with medical malpractice. When a botched cosmetic surgery becomes medical malpractice, it meets the following elements:
- The plastic surgeon owed the patient a duty of care.
- The surgeon breached the duty of care.
- The patient was injured by the surgeon. The injury is because of surgeon’s negligence.
- The surgeon’s breach caused actual injuries to the patient.
Is There a Time Limit on Filing a Medical Malpractice Claim?
Yes. The time limit, or statute of limitations, varies from state to state. Typically, a person has two to three years from the date of the injury to sue the surgeon.
Do I Need a Lawyer for Botched Plastic Surgery Malpractice?
Undergoing plastic surgery is usually an elective procedure, so it is not as critical to a person’s health as a non-elective procedure. However, if you have been injured because of botched cosmetic surgery, you may want to speak with a personal injury lawyer. A lawyer will offer you advice and counseling on how to proceed with a medical malpractice claim.