Cosmetic Surgery Lawyers
February 1, 2023
Cosmetic surgeons have the same obligations to their patients as other medical professionals. This includes performing the procedures according to safety standards. Unfortunately, cosmetic surgeries do not always go as planned. The consequences of botched cosmetic procedures, such as severe facial injuries, can be devastating for the patient. It is not always the surgeon’s fault; however, if you believe your surgeon acted negligently, you can file a cosmetic or plastic surgery malpractice claim against them.
What to Do If a Plastic Surgeon Makes a Mistake?
Surgery is a complex medical procedure that can lead to errors. If you believe your cosmetic surgeon made errors due to negligence, such as failing to disclose potential complications of the surgery or not following standard operating procedures, you can seek compensation for your suffering.
You would have to provide sufficient evidence for the claim to prove the surgeon had acted negligently. You can document all the changes resulting from the surgeries and expenses you had to incur due to your suffering. A cosmetic surgery attorney can use the evidence to build a strong case against the surgeon.
Types of Cosmetic Surgery Mistakes
Not Taking the Patient’s Medical History Into Consideration
Before performing any medical procedure, the surgeon must check the patient’s medical history. The information provided by the patient’s medical history would be considered before any aspect of the surgery is initiated, including any required anesthesia administration.
If a surgeon fails to get the complete medical history of the patient, it could result in the patient suffering from severe allergic reactions or ending up taking potentially hazardous medication. It can be considered malpractice if a cosmetic surgeon neglects to collect the patient’s medical history.
Insufficient Informed Consent from the Patient
In most cases, cosmetic surgery is not a medical necessity but a discretionary procedure. If you desire a particular surgical procedure, it does not imply that you give the cosmetic surgeon full consent to operate without informing you about the known risk of the surgery.
It is the duty of the medical professional to walk you through the entire process, including the dangers and risks, before operating. Not disclosing potential complications can lead to misunderstanding and surgical errors.
There are certain surgical procedures in cosmetic surgery that require anesthesia. One of the most common mistakes in cosmetic or plastic surgery is an error in anesthesia administration. Anesthesia error can be considered medical malpractice if the surgeon was negligent in monitoring the patient, the anesthesia dosage was incorrect, the equipment was defective, or the surgeon waited too long to administer anesthesia to the patient.
Poor Post-Operative Care
If cosmetic surgeons neglect to give their patients proper care post-surgery, it can be considered medical malpractice. For instance, the patient can develop infections at the site of the operation post-surgery if the surgeon in charge has acted negligently. According to research, every 1 in 20 surgical procedures is at risk of causing an infection due to medical malpractice.
Why Do Cosmetic Surgery Mistakes Happen?
Cosmetic surgery mistakes or medical malpractice can happen if the surgeon breaches their duty to act reasonably and perform the procedure as expected. Errors often result when the surgeon’s equipment or execution of the surgery do not meet the medical community’s standards. If that happens, the doctor can be liable for damages. The following are some of the reasons why surgical errors or medical malpractice occurs:
- The surgeon uses nurse anesthetists instead of qualified anesthesiologists to save costs.
- The surgeon performing the cosmetic surgery is not certified or does not have the required credentials to operate.
- The surgeon failed to collect the patient’s full medical history, or the patient did not disclose all the information.
- Cosmetic or plastic surgery exceeds the scope of the informed consent of the patient.
- Performing surgery on the wrong body part.
- Failure to provide clear post-operative and pre-operative instructions.
- Cosmetic or plastic surgery is performed with poor sanitization protocols.
Reconstructive surgery can be carried out to repair any facial or body abnormalities that a person is either born with or sustained as the result of an accident, disease, or trauma. This kind of plastic surgery helps improve body function and restore appearance. For example, if a person is born with webbed fingers, reconstructive surgery can restore normal appearance and improve flexibility and function in their fingers. Reconstructive surgery is also performed on cancer patients for flap and closure reconstruction.
It is a common misconception that plastic surgery and cosmetic surgery are the same. The confusion is understandable, as certain surgical procedures are done for more than one reason. For example, nose surgery or rhinoplasty can be performed to improve function and the nose’s physical appearance.
Another type of reconstructive surgery is scar revision. Scar revision refers to a reduction of prominent scars on the body through surgery. During scar revision, the scarring could be completely removed through different surgical methods, such as dermabrasion, which removes the upper layers of the skin. Other laser or skin graft procedures can also be used for scar revision surgery.
Can I Sue My Plastic Surgeon In Georgia?
If the surgeon had clearly explained the risks of the surgery to you, you might not have any grounds to sue your plastic surgeon. But, on the other hand, if it was a case of medical malpractice, such as the plastic surgeon’s improper use of cosmetic surgery products, you have a strong medical malpractice lawsuit against the surgeon.
There can be many obstacles in these kinds of malpractice lawsuits, as it can be challenging to convince a judge or jury that a case of botched cosmetic surgery is malpractice.
To prove your plastic surgeon’s negligence, you should have evidence of the following:
- An existing patient-surgeon relationship between you and the defendant.
- Negligence of the plastic surgeon.
- The act of negligence resulted in you sustaining injuries.
- Your injuries caused the damages you are claiming.
Is a Plastic Surgeon Better Than a Cosmetic Surgeon?
While cosmetic surgery is considered a type of plastic surgery, a cosmetic surgeon is only authorized to perform cosmetic procproceduree main difference between plastic surgery and cosmetic surgery is geared toward aesthetic procedures.
Typically, plastic surgery is performed for more serious medical conditions such as congenital disabilities, scars, burns, and other pathologies. Significant deviations from a normal appearance can be fixed through plastic surgery. These types of procedures are often referred to as reconstructive surgery. Patients who suffer abnormalities due to an accident, trauma, or mastectomy often need plastic surgery. These surgeries are generally deemed medically necessary.
In contrast to plastic surgery, a cosmetic procedure is performed to enhance a person’s physical attractiveness, such as improving the symmetry of facial features. People typically choose to undergo cosmetic surgery without the presence of any abnormality, which is why it is not considered medically necessary.
Contact a Cosmetic Surgery Lawyer to Seek Surgery Malpractice Compensation
Patients who suffer injuries such as scarring, nerve damage leading to paralysis, disfigurement, infections, and diseases from cosmetic surgery malpractice can recover damages from the liable party. The compensatory damages include economic and non-economic damages. You can be under a lot of mental anguish after cosmetic surgery malpractice.
You can contact us at The Pendergrass Law Firm to hire an experienced cosmetic surgery attorney. Our attorneys are well-versed in California law regarding medical malpractice cases. They can help you get maximum financial compensation for lost wages, medical bills, future loss of income, and other damages.
Our lawyer can discuss the legal options for your medical malpractice case. They can also help you determine the value of compensation for your medical malpractice claim. Your lawyer can also help you earn additional damages, also known as punitive damages, by proving the defendant’s gross negligence in the plastic surgery procedure.