Cosmetic surgery is surgery performed to improve your appearance, and in most cases is elective surgery. It also includes reconstructive surgery, such as after an injury or breast cancer surgery, and can provide relief from some health problems such as back pain caused by excessively large breasts or breathing difficulties caused by a deviated septum.
Cosmetic surgery malpractice is not looked upon with the same public sympathy as other forms of medical malpractice, and patients often confuse true malpractice with unsatisfactory results. While cosmetic surgery malpractice can be a hazy area to define, cosmetic surgeons are required of live up to a basic standard of care which includes:
- Having basic skills, knowledge, and training
- Providing sterile operative conditions
- Evaluating current health and reviewing medical history
- Informed consent, including full disclosure of the nature of the procedure, risks, alternatives, and recovery process
- Adequate pre and post operative care, instructions, and follow-up
Merely not looking like you had hoped is not a basis for a cosmetic surgery medical malpractice lawsuit. Results which do fall under malpractice include:
- Disfigurement
- Disability
- Nerve damage
- Infections
- Surgery on the wrong area of the body
- Results which fall well outside of the documented results your surgeon claimed you should expect
- Severe under or over correction
- Severe scarring
- Hematoma
- Asymmetry
- Chronic pain
- Medication error
- Anesthesia complications
- Death
Malpractice can occur during any type of cosmetic surgery, but is more common in certain types of surgery including:
Breast surgery
- Wrong size implants
- Asymmetry
- Nerve damage/numbness
- Infection
- Encapsulation
- Implant rupture
- Loss of nipple or breast skin
- Excessive scarring
- Disfigurement
Abdominoplasty
- Nerve damage/numbness
- Infection
- Skin loss
- Excessive scarring
Liposuction
- Lidocaine overdose
- Pulmonary edema or embolism
- Organ penetration
- Abdominal perforations
- Internal bleeding
- Nerve damage
- Disfigurement
- Fluid imbalance causing heart, lung, and/or kidney problems
- Death
Facelift and/or eyelid lift
- Nerve damage
- Excessive scarring
- Excessive skin removal
- Inability to close eyes
Chemical peels/skin resurfacing
- Scars from blistering and/or burning
- Infection
- Permanent discoloration
Rhinoplasty (nose job)
- Asymmetry
- Difficulty breathing
- Excessive scarring
In addition to physical injury, cosmetic surgery malpractice also includes:
- Fraud – misrepresentation of known facts about the procedure or his or her qualifications
- Sexual misconduct toward patient
- Non-consensual use of before and after photos
Cosmetic surgery malpractice is a form of medical malpractice and can have serious physical, emotional, and financial consequences. If you have been the victim of cosmetic surgery malpractice you may be entitled to compensation for the following:
- Current and future medical bills including corrective procedures
- Current and future loss of income
- Long term disability
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death
Victims of cosmetic surgery malpractice often feel that they are fighting an uphill battle. The emotional pain of seeing the results everyday is often compounded by lack of sympathy and support, and some may even try to convince you that you do not have a case because you chose to undergo an elective surgery.
If you or a loved one has been the victim of cosmetic surgery malpracticecontact an experienced medical malpractice attorney today.
