What Is Needed to Win a Plastic Surgery Malpractice Lawsuit

What is Needed to Win a Plastic Surgery Malpractice Lawsuit

The increase of time off during the holiday provides people with recovery periods after surgery. Because of this, there tend to be higher amounts of plastic surgeries during the months of October-December.

Cosmetic procedures usually have an easier recovery than most surgeries because of their elective nature. However, they cause a good amount of bruising to the body areas that were worked on. A large percentage of cosmetic work is done on your face, so it makes plenty of sense why you would want the swelling to go down and the bruising to heal before returning to your workplace or social setting. It makes the holidays a popular selection for time to get this kind of procedure done since you might be provided some time off by your companies already.

Cosmetic surgeons can be sued for malpractice like any doctor, but because most surgeries of this nature are done by choice rather than need, it makes winning a case more difficult. So what quantifies as a reason to seek compensation in this case?

What is Cosmetic Malpractice?

In order to know what is needed to substantiate a case, we must also be able to quantify what cosmetic surgery malpractice looks like.

People choose to get cosmetic surgery for a multitude of reasons. Standard procedures are things like:

  • Elective Alterations
  • Breast augmentation or reduction
  • Liposuction
  • Fixing scars or disfigurements
  • Tummy Tucks

Healthcare professionals, regardless of practice, have a duty and responsibility to their patients to perform reasonably and in the same way, another surgeon would act. Plastic surgeons have this standard as well. If their execution fails the minimum standard the medical community accepts, and you’re injured in the process, the doctor might be liable for damages.

To successfully win a lawsuit against and cosmetic or plastic surgeon, you must be able to prove:

  • The doctor had a duty to you as the patient
  • The doctor broke that obligation by acting negligently or failing to act
  • You were injured
  • The injury resulted from the surgeon’s breach of contract

What Damages Commonly Look Like

When mistakes are made, or a cosmetic surgery does not go according to plan, it can create a life-threatening situation for the patient involved. Failing to perform these procedures skillfully will cause a serious risk. Some of the most common damages attributed to plastic surgery include:

  • Scares
  • Disfigurement
  • An immediate drooping, sagging, or caving of the site surgery took place
  • Discoloring or other skin abnormalities
  • Infection
  • Pneumonia
  • Unexpected bleeding
  • Paralysis
  • Negative reactions to anesthesia
  • Death.

What Makes a Cosmetic Malpractice Lawsuit Different?

It is important to make the distinction that to pursue a lawsuit, you have to have the evidence to back up your claims that negligence is what caused the injuries you sustained. Just because you don’t like the aesthetic results of your procedure does not necessarily mean you have grounds for filing a lawsuit.

Additionally, injuries caused by surgery won’t automatically mean a lawsuit can successfully be filed either. It has to be because of negligence, and you must be able to present facts that support your claim.

When We Can Help

However, when you are injured due to the negligence of a plastic surgeon, you can be entitled to economic, non-economic, and sometimes punitive damages to compensate for your losses. This includes money to cover medical bills, lost wages from work, pain, and suffering from mental anguish caused. In wrongful death cases, the family may also be entitled to compensation.

If you or a loved one needs a malpractice attorney to review your claim, fill out our online form today, or call us at (505) 906-6774 to schedule your free consultation. The team at James Wood Law is here to help you.