I’m Unhappy With My Plastic Surgery. Can I Sue for Medical Malpractice?
Medical malpractice can involve a variety of types of negligence. Birth injuries, surgical errors, misdiagnoses, medication errors and anesthesia errors are just some common issues that can occur in a medical setting. These issues would typically be eligible for a medical malpractice claim. But what about plastic surgery? What if you’re not happy with your outcome?
This is a common reaction. Millions of procedures are performed every year, but thousands of patients are disappointed with the results. Is there anything you can do legally?
While you can’t sue your cosmetic surgeon simply because the results weren’t what you expected, you can sue for medical malpractice if something happened during the procedure that caused you harm. However, keep in mind that medical malpractice claims are hard for patients to win, and they are especially difficult when an elective procedure such as cosmetic surgery is involved. Read on to see how you can win your case and what challenges you can expect to face.
What Type of Plastic Surgery?
There are two main types of plastic surgery: elective and reconstructive. Elective surgery is not necessary and is done solely to enhance the patient’s appearance. The most popular surgeries include breast implants, nose jobs, liposuction and tummy tucks.
Reconstructive surgery, on the other hand, is necessary. It is used to repair disfigurement caused by injury or illness. It has stricter requirements, so if a person is injured or unhappy with their procedure, they have a better chance of suing and winning.
You cannot sue simply because you now feel the surgery has made you look ugly. That is a risk you take when you undergo any procedure, particularly an elective one. Therefore, in order to file a medical malpractice lawsuit, you need to prove that some type of error occurred. If the surgeon botched the procedure or developed infections or other complications, you may have a case.
A lack of skill and experience is another issue. Cosmetic surgery is lucrative for doctors, since they get paid immediately. Therefore, this attracts doctors who are unqualified. This can lead to bad results. An unsanitary environment and anesthesia errors can also be considered medical malpractice.
Challenges You Will Face
A medical malpractice case involving cosmetic surgery comes with challenges. The biggest issue is that the procedure was not necessary. You voluntarily went under the knife, so the jury will think that you should deal with the consequences.
Juries are often biased. They may be jealous that the person has money to get cosmetic surgery. Maybe they think the victim is vain or too lazy to deal with their problem on their own. Therefore, if you do win your case, expect lower compensation.
Contact a Coral Springs Personal Injury Attorney
Medical malpractice claims are difficult to bring about and win. A claim involving plastic surgery – an unnecessary procedure – is especially challenging. You need a strong advocate on your side.
A Coral Springs medical malpractice lawyer at the Law Offices of Barry S. Mittelberg, P.A. can determine if your doctor provided substandard care and help you obtain the compensation you deserve. To schedule a free consultation, call (954) 752-1213 today.