Cosmetic surgery has become increasingly popular in recent years. While many cosmetic surgeries are performed successfully, there are cases where patients suffer undesirable outcomes or complications due to negligence or malpractice on the part of the surgeon. Is it possible to sue for malpractice?

Medical malpractice and cosmetic surgery

Medical malpractice occurs when a healthcare provider, including cosmetic surgeons, does not uphold the standard of care expected in their field, which harms the patient. While cosmetic surgery is elective and primarily aimed at enhancing aesthetics rather than addressing medical conditions, patients are still entitled to receive safe and competent treatment.

Here are the most common types of medical malpractice during cosmetic surgery:

• Surgical errors: Surgical errors encompass a wide range of mistakes made during the surgical procedure, such as improper incisions, damage to surrounding tissues or organs or leaving surgical instruments or foreign objects inside the patient’s body. These errors can lead to complications, infections, scarring and other adverse outcomes.
• Lack of informed consent: Cosmetic surgeons have a legal and ethical obligation to obtain informed consent from patients before performing any procedure. This includes providing detailed information about the risks, benefits, alternatives and potential outcomes of the surgery.
• Postoperative negligence: The care provided to patients following cosmetic surgery is equally important in ensuring optimal outcomes. Negligence in postoperative care may involve inadequate monitoring, failure to recognize or promptly treat complications or prescribing incorrect medications or instructions for postoperative care.

Legal options

Patients who have suffered harm due to negligence or malpractice during cosmetic surgery may file a medical malpractice claim. To succeed in such a claim, patients must prove:

• Duty of care: The cosmetic surgeon owed a duty of care to the patient, which includes providing competent medical treatment consistent with professional standards.
• Breach of duty: The surgeon breached the duty of care by deviating from the accepted standards of practice, either through negligent actions or omissions.
• Causation: The breach of duty caused injury to the patient, such as physical injuries, emotional distress, medical expenses or loss of income.
• Damages: The patient suffered actual harm as a result of the surgeon’s negligence.

Medical malpractices typically involve expert testimony (an affidavit of merit) and may be either settled out of court or in trial—but the statute of limitations is also shorter than other types of personal injury claims. If you’ve suffered harm after cosmetic surgery, call the Law Offices of Tim Misny to get experienced legal assistance.

Discuss your claim with a Columbus medical malpractice lawyer today

The Law Offices of Tim Misny can help you with your medical malpractice claim. If you or a loved one were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.