Cosmetic surgery, like other surgical procedures, offer a measure of risk. An elective procedure, cosmetic surgery offers inherent dangers that physicians must inform their patients about from the outset.
There are a variety of common cosmetic surgeries people undergo every day. They include:
- breast augmentation
- eyelid surgery
- abdominoplasty or “tummy tuck”
- rhinoplasty or nose surgery
- face lift, and
- neck lift
When patients are injured during a cosmetic procedure, that can give way to a medical malpractice lawsuit. Like other malpractice cases, medical malpractice based on cosmetic surgery must meet three criteria before it really can pass muster. They are:
- The establishment of a patient/doctor treatment (the patient must be under the care of the physician in question)
- Negligent medical care or care that falls below the medical standard
- The physician’s negligence or care was the cause of patient injury
Proving a medical malpractice case based on a cosmetic surgery gone wrong can be a difficult endeavor. While establishing a patient/doctor treatment is typically easy enough, establishing that the care received fell below the medical standard of care is typically done with the aid of an expert witness with years of expertise in the specialty of the physician in question. If that is accomplished, proving that medical care or neglect caused the patient’s injuries may prove most difficult of all.
The fact is as doctors must disclose that cosmetic procedures offer a wealth of risks, if the patient agrees to the surgery after learning of the risks, and one of those risks indeed materializes during the procedure, they may be unable to recover medical malpractice damages as a result.
Also, remember that a patient unhappy with results of cosmetic surgery does not necessarily constitute a patient harmed by legal standards. In fact, when medical care received falls below the medical standard of care, jury bias may sway in favor of the physician assuming the patient is simply bearing sour grapes over unwanted aesthetic results.
That being the case, some common cosmetic surgery errors include:
- nerve damage
- aesthetic damage
- anesthesia complications
If you have suffered injury as a result of cosmetic surgery errors and would like to speak with an attorney about a medical malpractice claim, contact the offices of Bizzieri Law in Chicago. We have a wealth of experience pursuing and winning damages in medical malpractice cases. We will work hard to ensure you receive the highest compensation awards to which you are eligible. Call us today at 773.881.9000 to speak to an attorney.