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Cosmetic Surgery Malpractice

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What Is Cosmetic Surgery Malpractice?

Patients undergoing cosmetic surgery face serious risks to their health and their appearance. Even though the doctors who perform cosmetic surgery are generally highly experienced medical professionals, they occasionally make mistakes that can cause permanent injury or death.

What Are the Common Cosmetic Surgery Injuries?

There are many dangers and risks that come with cosmetic surgery. The general risks for these procedures include:

  • Permanent scarring, even with minimally invasive surgery
  • Drop in blood pressure
  • Severe nerve damage
  • Infections
  • Complications from anesthesia
  • Deformed body or face
  • Severe complications that lead to permanent injury or death

These are the most common types of injuries and errors that could occur in cosmetic surgery procedures. However, there are many other conditions that could occur depending on the type of procedure they get and the sensitivity of their body.

How to Prevent Injuries from Cosmetic Surgery Injuries?

Prior to performing any cosmetic surgery, a patient should evaluate their doctor to determine the qualifications, experience, and skill the doctor has and if the doctor has extensive experience in performing the surgery in which you are partaking.

The doctor performing the surgery should also fully evaluate the patient’s current health condition, health and medical history, the medications taken by the patient, the patient’s use of alcohol or tobacco. This creates a better understanding for the doctor of the patient’s body and medical history. .

Liability of a Doctor for Cosmetic Surgery Injuries

Doctors are considered health care professionals and must exercise a high degree of medical competency and care when performing any medical treatment or surgery.

When a doctor fails to exercise this duty of care providing the level of skill, care, and treatment that a reasonable plastic surgeon should provide under similar circumstances, the doctor could be liable for medical malpractice.

How Do I File a Medical Malpractice Lawsuit?

If you have undergone cosmetic surgery or treatment by a doctor which has resulted into injury, you must be able to show:

  1. There was a doctor patient relationship
  2. The doctor had a duty to exercise a high degree of medical care when performing the treatment.
  3. The doctor breached his duty to exercise the high degree of medical care when performing the treatment that a reasonable plastic surgeon should exercise under similar like circumstances.
  4. The doctors breach of duty was the actual and/or proximate cause of your injuries.
  5. You suffered damages as a result of the breach.

Since plastic surgeons are considered to be medical specialists, it is usually assumed that they have a duty of care to practice according to the standards of the field of plastic surgery. Therefore, the most difficult element to prove in a plastic surgery malpractice suit is that of causation (that is, whether the surgeon’s acts actually caused the injuries).

In addition, every state has laws and statute of limitations that limit the time a plaintiff has to file a claim for damages. This time limit begins at the time the patient is injured. The time frame varies from state to state and can range from 1-5 years from the time the injury or medical malpractice occurred.

What Are the Remedies for Cosmetic Surgery Malpractice?

If you are able to prove negligence in a plastic surgery procedure, you may be entitled to recover losses in connection with your injuries. This may include:

  • Medical expenses such as hospital bills
  • Prescription medications
  • Future medical costs
  • Loss of past and future wages
  • Damages caused by mental and emotional suffering
  • Punitive damages if the doctor acted with criminal intent or malice

Do I Need a Lawyer to Bring a Medical Malpractice Lawsuit?

Proving the elements of a medical malpractice lawsuit can sometimes be difficult and complicating. If you have been further injured as a result of plastic surgery procedures, you may wish to speak with a experience personal injury lawyer for advice and counseling. An attorney may be able to assist you in recovering losses associated with the surgery.

Photo of page author Kourosh Akhbari

, LegalMatch Legal Writer

Last Modified: 10-14-2015 03:04 PM PDT

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