What You Should Know About Cosmetic Surgery Malpractice Cases
If you get cosmetic surgery, you are choosing an elective procedure to improve your appearance, but that doesn't mean you can't sue if something goes wrong. Medical malpractice also occurs with these types of elective procedures. Here is more information about cosmetic surgery malpractice cases.
What cosmetic procedures qualify for malpractice?
Cosmetic surgery is a type of plastic surgery, where it improves your appearance through a variety of different procedures. There are many different types of cosmetic surgery procedures that could qualify for a lawsuit if it caused an illness or injury due to negligence on the part of the medical professional. Here are just some procedures that typically qualify for malpractice:
- Eyelid surgery
- Breast augmentation
- Tummy tuck
- Face lift
- Neck lift
There are a variety of injuries that can occur from these types of procedures, such as scarring, hitting a nerve, and infection.
What elements does the court look for?
With this type of case, the basic elements are the same as any other medical malpractice case. There are certain things that the court will look for when determining if it is a valid malpractice case or not. First of all, there must have been a doctor-patient relationship before the procedure took place. There must have also been a mistake or negligent act during treatment that led to harm. This is based on the medical standard of care.
Honest mistakes might not be considered malpractice, though the injury that took place will determine if it is or not. However, most acts of negligence, where the injury or harm could have been avoided, are usually considered malpractice.
Who is liable?
While in many cases, it is the cosmetic surgeon that was negligent, there may be other people responsible for your injuries. For example, nursing or office staff can sometimes cause injuries due to negligence, such as a nurse that did not ask about what you might be allergic to. If the injury was related to the anesthesia you received during the procedure, you would hold the anesthesiologist responsible, not the cosmetic surgeon.
How do you sue for cosmetic surgery malpractice?
If you believe you received your injury due to negligence by the surgeon, anesthesiologist or other medical professional, you should first talk to a personal injury attorney. They will help you gather the evidence you need and find witnesses that will provide a testimony. You will need all medical records, including records that show what type of injury you received due to the procedure performed.
Talk to an attorney like Robert M Kaner Attorney for more advice if you believe you may have a case.