Rhinoplasty is a plastic surgery procedure performed on an individual’s nose. Commonly called a “nose job,” the surgery changes the form, function, shape, or size of the nose. When done incorrectly, it can harm the person mentally, physically and emotionally.
This type of malpractice occurs when a surgeon treats a patient in a way that deviates from the appropriate medical standard care. As a result of the substandard care, the patient is harmed. The medical standard care is the level of care a reasonably competent surgeon would give in the same or similar situation. The term “reasonably competent” means a surgeon with the similar or same training as the surgeon who performed the rhinoplasty.
To prove malpractice occurred, a plaintiff must prove the following elements:
The first element, duty, refers to having a surgeon-client relationship. Hiring the surgeon fulfills this element. The second element requires the surgeon to breach that duty by providing substandard care.
It is vital to prove the surgeon actually harmed the plaintiff. Sometimes, a surgeon may not provide medical standard care, but not injure a plaintiff. If the last element is proven, the plaintiff can receive economic and non-economic damages.
It is proven by expert testimony. The expert witness typically has the same or similar medical training as the defendant, and, thus, can speak with authority as to what the defendant should have or should not have done.
Certain injuries are common in surgery malpractice cases. The following injuries are associated with a botched nose job:
All rhinoplasty procedures involve some level of risk. However, when an individual suffers harm caused by the procedure, it may be time to talk to a personal injury lawyer.
Last Modified: 04-07-2015 12:10 PM PDTLaw Library Disclaimer
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