A cosmetic surgery meant to improve the patient’s emotional well-being can do the exact opposite if a surgical error occurs, leaving them struggling not only mentally, but also physically and financially. While these procedures are elective, patients have the same right to expect safe, competent care as those undergoing medically necessary procedures.
Patients who suffer due to cosmetic surgeon negligence may also have the right to compensation for the harm they’ve endured. However, to successfully pursue cosmetic surgery malpractice claims, it’s essential to understand how complications occur, how to identify signs of negligence, and what legal options you have available.
How Cosmetic Surgery Can Go Wrong
Cosmetic procedures can range from minimally invasive treatments to major operations. Regardless of how minor or major the procedure is, preventable errors can occur, and the consequences can be severe. Common examples of preventable errors include:
- Surgical mistakes, such as nerve damage or asymmetrical results
- Anesthesia errors that cause pain, trauma, lasting damage, or even death
- Infections due to unsanitary equipment or poor postoperative care
- Implant complications from improper placement or defective materials
- Lack of informed consent when patients aren’t told about the risks or alternatives
Each of these situations can cause significant physical, emotional, and financial harm, and they can potentially constitute a valid medical malpractice claim.
Recognizing Malpractice in Cosmetic Surgery
Not every unwanted cosmetic surgery result constitutes malpractice, but certain warning signs may indicate negligence. Some of those warning signs include:
- Unexpected or severe complications that the surgeon never discussed
- Lack of communication or follow-up care after surgery
- Unclear or incomplete consent forms
- Inconsistent records or missing documentation from your procedure
- Unsanitary facilities or reused equipment
- Unlicensed or unverified practitioners performing surgery
- Dismissive or evasive behavior when asking questions about your results
- Worsening pain, deformity, or infection
If you notice these red flags, seek medical attention right away. Once you’ve received the medical care you need, you should contact an attorney to determine whether negligence played a role.
Proving a Cosmetic Surgery Malpractice Claim
To pursue a malpractice claim, you must show evidence that the surgeon failed to provide the applicable standard of care. That means they didn’t provide the same care a similarly qualified surgeon in the same area of practice would have under similar circumstances. You must also show that the surgical error caused you harm and what physical, emotional, and financial damage resulted. Evidence can include:
- Medical records and operative notes
- Before-and-after photos
- Expert testimony from qualified surgeons
- Correspondence and consent forms
- Medical bills and proof of lost income
Preserving, obtaining, and properly analyzing this evidence can be challenging to do independently. A skilled attorney can investigate the procedure and help you build a compelling case for the compensation you deserve.
How a Medical Malpractice Attorney Can Help
Working with an experienced medical malpractice attorney can make a tremendous difference in the outcome of your case. Your attorney can help by:
- Reviewing Your Records: Your attorney can review your medical records, surgical notes, consent forms, and follow-up records to uncover signs of negligence.
- Consulting Medical Experts: Reputable law firms utilize the knowledge and experience of trusted medical professionals who can analyze your claim and help prove that you were harmed by medical error.
- Dealing with Insurers: Insurers will protect their profits by offering lowball settlements or attempting to deflect blame. Your attorney will counter their tactics by handling all communications with them.
- Negotiating for a Fair Settlement: Your attorney will assess the full value of your claim and advocate aggressively for the settlement you deserve.
- Representing You in Court: If insurers refuse to offer a fair settlement, your lawyer will file a lawsuit, take your claim to court, and fight for a favorable verdict on your behalf.
Contact a Cosmetic Surgery Malpractice Attorney Today
If you’ve suffered cosmetic surgery complications due to medical negligence, you need a skilled medical malpractice attorney to protect your rights. The team at Hale & Monico is dedicated to protecting the rights of patients harmed by negligent healthcare providers. We’ll fight for the compensation you deserve while you focus on recovery. Contact us today for your free consultation.