Plastic Surgery Malpractice Lawsuit in 2024: Key Points to Remember

Cosmetic surgery can pose life-threatening complications.  Failure to execute these procedures skillfully and within the acceptable standards of care can pose serious risks to the patient. Filing a plastic surgery malpractice lawsuit will help you sue for malpractice and get maximum compensation for the injuries and losses.

Common types of cosmetic surgery are

  • Abdominoplasty.
  • Breast augmentation.
  • Eyelid surgery.
  • Facelift. 
  • Liposuction.
  • Neck lift.
  • Rhinoplasty.
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Types of malpractice in plastic surgery

  • Fail to consider full patient history.
  • Exceeding the scope of the plaintiff’s informed consent.
  • Non-plastic surgeons conducting cosmetic surgery.
  • Working on the wrong part of the body.
  • Performing lengthy methods in private offices, away from hospitals, when unequipped to handle complications.
  • Using nurse anesthetists instead of anesthesiologists just to save costs.

Damages in a Plastic Surgery Malpractice

  • Brain damage.
  • Death.
  • Excessive bleeding.
  • Hypertensive or hypotensive complications.
  • Paralysis.
  • Pneumonia.
  • Scarring and disfigurement.
  • Serious anesthesia reaction.
  • Skin discoloration or other skin irregularities.
  • Impulsive caving of the surgical place.

What makes a cosmetic malpractice lawsuit different?

Just because you don’t like the aesthetic results of your procedure, it doesn’t necessarily mean you have grounds to file a lawsuit. It is important to have evidence to prove that negligence caused injuries.

Is botched plastic surgery medical malpractice?

Every medical professional has to meet a specific standard of care with a reasonable approach, procedure, and practice for a particular medical situation. Nevertheless, a physician or the medical professional can breach the standard of care if they failed to provide treatment consistent with the local standard.

To claim Plastic Surgery Malpractice Lawsuit, you need to meet the elements of negligence for a personal injury lawsuit. It includes:

  • Breach of duty leads to the plaintiff’s injury.
  • The doctor or the physician had a duty to the patient.
  • The doctor or the physician breached their duty.
  • The injury resulted in actual damages.

How to prevent plastic surgery injuries:

  • Research state or local cosmetic surgery facilities and doctors in the area.
  • Know the process of plastic surgery is performed successfully.
  • Understand all the complications associated with the particular type of cosmetic surgery.
  • Get proper information on what to expect before, during, and after the cosmetic surgery procedure.
  • Ensure the doctor is experienced, licensed, and possesses all the necessary qualifications to perform surgery.

Who is liable for plastic surgery malpractice?

In most cases, it’s the surgeon or doctor who is held liable for the injuries. If a surgeon or other medical professional fails to exercise the required degree of care, the injured patient is liable to bring a Plastic Surgery Malpractice Lawsuit against them in court.

How to prove medical malpractice:

The plaintiff can prove medical malpractice against a cosmetic or plastic surgeon by showing:

  • The doctor had a duty to the patient.
  • The doctor breaks the duty by harming the plaintiff.
  • An injury was sustained.
  • The injury is a result of the breach.
  • Damages for mental anguish or emotional distress.
  • Punitive damages, including pain and suffering.
  • Monetary damages, such as medical bills, home care workers, and treatments like prescription medications.
  • Damages to pay for future medical costs, such as therapist appointments, rehab, and more.

If you want a lawyer who cares about you and the outcome of your plastic surgery malpractice lawsuit, choose Ethen Ostroff. He and his professional connections ensure you get every dollar possible for what you went through.

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