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Cosmetic Surgery Malpractice
No one chooses to have brain surgery, a heart bypass operation, or hip replacement; those procedures are necessary and the result of a physician’s advice. Cosmetic surgery, on the other hand, is often elective and the result of the patient’s desire to make changes to their appearance. But just because cosmetic surgery is a choice doesn’t mean it is any less of a surgery.
As with any surgery, there are risks to cosmetic surgery - infections, scarring, complications from anesthesia, and nerve damage, among other potential problems. The doctors, nurses, and operating room staff who perform the procedure must follow appropriate standards of care to minimize these risks. And just as with any surgery, when those standards are not followed and surgical errors are made, serious health problems and injuries can result and may be the basis of a medical malpractice claim.
What makes cosmetic surgery different from other procedures is that the desired outcome does not usually involve curing or fixing a medical issue (though there are exceptions). The result a patient is expecting from procedures such as breast enhancements, rhinoplasty (nose jobs), abdominoplasty ("tummy tuck"), or facelifts involves appearances. When a cosmetic procedure does not achieve the look a patient was told to expect but does not otherwise cause any health problems or damage, can the underwhelming result be the basis of a malpractice claim? Can a patient sue for disappointment rather than actual injury?
The reality is that merely being unsatisfied with the results of cosmetic surgery, without more, may make recovering damages a challenge. Unless the results are clearly outside the range of anticipated outcomes, the surgeon breached the standard of care, or otherwise misrepresented or failed to disclose the potential results, a malpractice claim can be a difficult proposition.
That said, there are some outcomes of cosmetic surgery that are so bad they may rise to the level of disfigurement or cause other health problems, including psychological conditions such as depression. These very real injuries, when combined with a failure to follow the appropriate standard of care, may support a claim for damages.
Every case is different, and many factors are involved in determining whether a cosmetic surgery can lead to the recovery of compensation. An experienced medical malpractice attorney can thoroughly evaluate your claim and advise you of your options.
Contact Our Tampa Malpractice Attorneys
If you believe that your cosmetic surgery involved mistakes or left you with disfigurement or other health issues, or you think you have been a victim of other forms of medical malpractice in Tampa, you may be entitled to compensation for your losses. Recovering such compensation requires the filing of a medical malpractice lawsuit. Such suits are extremely complicated, and many investigatory steps need to be taken before you can file a claim for compensation.
The experienced medical malpractice lawyers at the law firm of Alley, Clark & Greiwe are Board-certified trial attorneys and have been recognized by the legal community for their experience and knowledge in litigating claims for persons who have been victims of serious medical errors. Please contact us online to arrange for your free case evaluation.