Can You Sue for Bad Plastic Surgery Results?
Posted in Medical Malpractice on July 29, 2021
Medical malpractice occurs when a healthcare provider fails to uphold his or her duty of care, causing harm to his or her patients. Many types of medical professionals may be liable for medical malpractice, including doctors, nurses, surgeons, anesthesiologists—and in limited cases, cosmetic surgeons.
However, bad plastic surgery results do not usually rise to the standard of negligence necessary to qualify for a medical malpractice lawsuit. Additionally, cosmetic surgery patients often face unfair scrutiny in the courtroom. You will need to prove that the surgeon’s wrongful actions caused injury to you in order to secure compensation in a malpractice claim.
Potential Malpractice Issues in Cosmetic Surgery
Cosmetic surgery involves any medical procedure intended to reconstruct skin or flesh. Breast reduction or augmentation, rhinoplasty, or facelifts are common examples of these procedures. Although cosmetic surgery is usually an elective procedure chosen by the patient, the medical professional responsible for performing the procedure must still uphold his or her duty of care to patients. This means that a cosmetic surgeon cannot cause harm to a patient by committing a negligent act or failure to act.
You are not likely to qualify for a medical malpractice claim if you are unhappy with your plastic surgery results. However, if your cosmetic surgeon was negligent during your procedure, you may be eligible for litigation. Examples of malpractice in cosmetic surgery claims include the following.
- Surgical errors: The cosmetic surgeon may commit an error during your surgery that causes harm to you. For example, he or she may perform the wrong procedure, operate on the wrong body part, or negligent inject drugs such as Botox. He or she may also fail to provide proper aftercare or use hygienic surgical techniques, leading to post-operative infections.
- Inexperience or improper licensing: A cosmetic surgeon should have the proper licensing, qualifications, and certifications to perform a surgery. If the doctor falsifies or misrepresents his or her credentials and botches your surgery, you could file a lawsuit against him or her.
- The use of defective materials or equipment: Medical professionals have a duty to ensure that their equipment is safe and that the surgical materials they use are approved for use in patients. If a plastic surgeon uses defective materials or equipment that harms you during the procedure, you may have grounds for a claim.
Challenges to Winning Cosmetic Surgery Lawsuits
Although your case may technically qualify for litigation, victims of cosmetic surgery malpractice face several challenges in the courtroom. Since cosmetic procedures are typically elective, the court may believe that you should not blame the surgeon if the procedure did not work in your favor. Additionally, biased juries may be quick to judge a cosmetic surgery plaintiff as being vain or somehow responsible for his or her results, leading to an unfavorable outcome.
If you want to file a lawsuit against a plastic surgeon, you need an attorney on your side. A medical malpractice lawyer can help you gather the evidence you need to establish the at-fault medical professional’s negligence and defend you against unfair scrutiny in the courtroom. As soon as possible following your procedure, contact a Kansas City medical malpractice attorney to discuss your optimal path to recovery.