With an increase in plastic surgery popularity has come an increase in cosmetic labia surgery. The labia is the skin outside of the opening to a woman’s vagina. Some women don’t like the appearance of their labia and are willing to undergo surgery in order to correct it. Cosmetic labia surgery may remove excess skin, tuck in skin folds, or create a more pleasing arrangement of labia skin. As with any kind of surgery, this procedure comes with many risks, including loss of sensation and unintended results in terms of appearances.

What is Medical Malpractice?

Because cosmetic surgery has become more popular, there are also more fraudulent doctors who offer surgical procedures they may not be qualified to conduct. Medical malpractice occurs when a doctor or medical institution has not provided an adequate or reasonable level of care to surgical patients either during or after the surgical procedure. Many medical malpractice claims are based on grounds of negligence. Negligence grounds need certain elements to be present in order for the claim to be valid and for damages to be collected.

Can I File a Claim?

Negligence claims are founded on a basis of a “duty of care.” A doctor, nurse, or medical institution has a legal duty of care owed to any patient. If a doctor has not acted in accordance with that duty of care, the duty of care has been breached. This is the second element of negligence claims. The third is harm: actual damage must have been done to the plaintiff in order for the claim to proceed, and finally, there must be proof that the defendant is the one who caused the harm. This is sometimes harder than it might seem to prove, especially in medical cases. Some risks are inherent in any surgery, so the plaintiff must prove that the doctor is responsible directly for any temporary or long-term injury and loss of life enjoyment.

Cosmetic labia surgery damage can include internal bleeding, scarring, and loss of sensation around the area.

Do I Need a Lawyer?

If you have been injured in a surgery and would like to file a medical malpractice claim, you should speak with an attorney right away. A personal injury attorney or a medical malpractice attorney can inform you of the specific civil litigation options available to you in your state that will fit your particular circumstances.