Most people go into plastic surgery with a sense of excitement. Unlike health-related procedures, plastic surgery is typically something patients undergo in order to gain more self-confidence and satisfaction in the way they look either for elective cosmetic surgeries or reconstructive procedures. Instead of losing something in surgery, most patients feel that they’ve gained something after undergoing plastic surgery.
Over 2 million surgeries each year are classified as plastic surgeries. But for a significant percentage of patients, the results of this type of surgery end in disasters ranging from dissatisfaction with cosmetic results to catastrophic infections, adverse outcomes, and even death.
Understanding Plastic Surgery Medical Malpractice Claims
Once a patient and physician enter into a professional relationship, the medical professional owes that patient a duty of care that includes providing medically appropriate treatment with a high standard of care. Any failure to provide the quality of care that a reasonable medical professional would have provided in the same circumstances is a breach of that duty. Acts of negligence or failure to adhere to the acceptable standard of practice resulting in an injury to a patient constitute medical malpractice if it results in harm.
To prove medical malpractice in plastic surgery cases, as well as for other forms of medical malpractice, a plaintiff must prove the following:
- That the doctor or medical professional breached their duty of care toward the patient
- That the breach directly resulted in an injury or harm to that patient
- That the injury caused physical, financial, and emotional damages to the patient
In plastic surgery and other medical procedures, these professionals are held to a standard of care that’s higher than that of other professionals because the results of medical negligence can be dangerous, life-altering, and deadly.
Common Plastic Surgery Procedures
Many plastic surgery procedures are classified as reconstructive procedures to correct appearance and/or function problems caused by birth defects, disfiguring accidents, burns, and medically necessary surgeries. Other forms of plastic surgery are meant to provide a positive cosmetic effect to improve appearance or correct/ combat the natural effects of aging. Some common plastic surgeries include:
- Breast augmentation
- Rhinoplasty (nose jobs)
- Eyelid surgery
- Abdominoplasty (tummy tucks)
When these procedures are correctly performed to acceptable medical standards, the results can be improved appearance and boosted confidence. However, in some instances, negligent actions on the part of the doctor or medical team cause harm such as:
- Incorrect surgical procedure
- Wrong medication or dosage
- Nerve damage
- Persistent pain
These negative results of medical malpractice can be devastating for victims and cause physical and financial damages.
Potential Damages in Plastic Surgery Malpractice Claims
When the negligence of a cosmetic surgeon results in significant harm, the results cause two types of provable damages to the injury victim, including economic and noneconomic damages.
Successful plastic surgery malpractice claims with help from a Boston plastic surgery error lawyer can gain the following compensation for economic damages:
- Medical bills for treating injury, infection, or for reconstruction/repair
- Lost income and future lost income
- Funeral costs in the event of a fatal medical mistake
The following non-economic damages may also apply to plastic surgery malpractice cases:
- Pain and suffering
- Mental anguish
Plastic surgery procedures are meant to improve appearance or correct disfigurement in order to help patients feel better about themselves. When a doctor makes a mistake or acts negligently and the result causes serious damage, either the doctor, hospital, or surgical center may be the liable party and accountable for the economic and physical harm their actions caused. With an experienced Boston medical malpractice lawyer on your side, find out if you are eligible for compensation