Cosmetic procedures are usually done as elective procedures to enhance a patient’s appearance. However, like with any surgery, complications can occur, mistakes can be made, and patients might sustain serious injuries. Suppose a surgeon or other healthcare practitioner makes a mistake that amounts to medical misconduct and causes injury to the patient. In that case, the mistake could be the ground for a successful medical malpractice case.
However, many cosmetic procedures (invasive or noninvasive) are deemed voluntary, legal rights can be complex, and obtaining a favorable resolution in a medical negligence lawsuit can be difficult.
While proving carelessness on the side of the surgeon, aesthetician or facility can be challenging; it’s not impossible to win a case of cosmetic surgery-related medical malpractice.
Continue reading to know more!
What Is Cosmetic Surgery and How Does It Work?
Cosmetic surgery is a type of reconstructive surgery that focuses on addressing facial and bodily flaws. Cosmetic surgery is typically thought of as a subset of plastic surgery that focuses on improving a person’s look. The main goals are to improve visual appeal, symmetry, and proportion, eventually boosting the patient’s confidence.
It’s also worth noting that in the United States, surgeons perform over 15 million cosmetic surgery treatments each year. More than 13 millions of these operations are minimally invasive. Cosmetic surgery is performed on people of all genders and ages. Adults between the ages of 40 and 54 are more likely to get these treatments.
The following are the most prevalent types of cosmetic surgery:
- Liposuction
- Breast augmentation
- Eyelid surgery
- Abdominoplasty (also known as “tummy tuck”)
- Rhinoplasty (commonly known as “nose job”)
- Facelift, and
- Neck lift.
What Is the Definition of Medical Malpractice In Cosmetic Surgery?
When a physician, medical professional, or establishment (including hospitals) causes a patient’s injury through a careless act or omission, this is known as medical malpractice.
During plastic surgery, medical malpractice may occur as a result of one or more complications. If this is the case, patients will want to contact a reputable solicitor firm such as Gadsby Wicks which has been surgical complications solicitors since 1993. Complications can include:
- Errors made before surgery or during surgery: Administering the wrong anesthesia or the wrong quantity of anesthesia, executing improper operative procedures, leaving devices within the body, or operating on an unanticipated portion of the body are all examples of mistakes committed before or during surgery.
- Lack of experience or training on the side of the plastic surgeon or their team.
- Informed consent was not obtained: Surgeons are required to discuss the risks associated with surgery and acquire your written consent and recognition of these risks prior to operation. In the absence of written consent, your personal injury representation can use the statement to make a claim. It will help make your case stronger and provide you with adequate financial compensation.
- Failure to gather and review the whole medical history of a patient: It’s critical that your surgeon goes through your whole medical history with you to look for allergies, current medications, and previous medical concerns and complications.
To sum up, the medical malpractice for the cosmetic procedure can be defined into three elements:
- The presence of a doctor-patient connection,
- A violation of the medical standard of care during treatment, and
- Injury to the patient as a result of the violation
Things To Take into Consideration When Filing A Lawsuit
- Documentation: Gather all records pertaining to your procedure and share them with your personal injury lawyer. Include any waivers you signed, as well as any other documentation provided by your cosmetic surgeon, health records and bills, employment records demonstrating missed income or benefits, and any other documents relevant to the procedure and injuries.
- On-time filing: It’s also worth noting that in Florida, the statute of limitations for filing a medical malpractice case is four years. This implies you have four years to launch a case from the date of the injury or when you first became aware of the injury.
- Available compensation: Your medical malpractice lawyer will determine the amount of compensation for both economic and non-economic damages. It would be best if you disclose all the information to your lawyer without skipping any possible detail so they can make accurate claims.
Concluding Statement
Keep in mind that filing a medical malpractice claim has a time limit. These deadlines are set by legislation known as a statute of limitations, which exists in every state.
When you file a medical malpractice claim, you may have to jump through additional procedural “hoops.” Some states require that the lawsuit be accompanied by a signed statement or “certificate of merit” from a certified expert witness. If you’re considering taking a case to court, it’s a good idea to speak with competent medical malpractice or personal injury attorney to review it and ensure that your rights are protected.
