Cosmetic surgery is a choice, rather than out of medical necessity. While most cosmetic procedures are successful, there are instances when something goes wrong, leading to serious injuries or complications. In such cases, patients may have grounds for a medical malpractice claim against the healthcare provider responsible—but there are also certain challenges in recovering compensation.
Liability in cosmetic surgery
Even though cosmetic surgery is elective, cosmetic surgeons have a duty to maintain the appropriate standard of care in their specialty. Due to the elective nature of cosmetic surgery, plaintiffs may face biases when trying to prove lack of consent to certain risks.
Surgeons must treat patients with the same level of care and competence that a reasonably skilled cosmetic surgeon would provide. If a patient can establish a doctor-patient relationship with the cosmetic surgeon and prove that the surgeon fell short of the standard of care, the doctor may be held liable.
Cosmetic surgery claims often require expert testimony to demonstrate the defendant’s departure from the standard of care. This could involve instances where the surgeon failed to notice signs of patient distress during the procedure or made improper incisions, causing harm to other areas of the body. It’s important to understand that mere dissatisfaction with the cosmetic results alone does not amount to medical malpractice. A specific injury resulting from a medical error is necessary to establish liability.
Types of medical malpractice during cosmetic surgery
Here are some of the ways a patient may be able to prove negligence:
- Surgical errors: Negligence surrounding post-op infections, improper filler injections, uneven breast augmentations, and improper use of anesthesia are all grounds for a malpractice claim.
- Unlicensed surgeons: Getting cosmetic procedures outside a medical facility or from unlicensed individuals can lead to serious complications and malpractice claims.
- Inexperienced doctors: Surgeons with a lack of experience may cause significant harm to patients, leading to potential malpractice claims.
Cosmetic surgery is a personal choice that should be approached with caution. While most procedures are successful, there are instances of negligence that may lead to complications and injuries. Patients who have suffered harm due to medical errors during cosmetic surgery should consult the Law Offices of Tim Misny to explore their options and seek justice for their injuries. We can help ensure that patients receive the compensation they deserve for their pain, suffering and medical expenses.
Talk to an Ohio medical malpractice attorney today
The Law Offices of Tim Misny may be able to help you with your cosmetic surgery malpractice claim. If you or a loved one were injured due to a medical provider’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.