Every year, thousands of people are victims of malpractice. The fact that your procedure was cosmetic is irrelevant. Your doctor still has a duty to do everything in their power to keep you safe. Failing to do so makes them accountable, according to malpractice law.

What are the Elements of a Cosmetic Medical Malpractice Lawsuit?

The definition of a cosmetic procedure is broad. Some procedures are minor out-patient procedures, such as Botox. But others are much more invasive. For instance, liposuction, breast augmentation, and rhinoplasty are all examples of invasive cosmetic procedures.

Whether your procedure is invasive or non-invasive, things can go wrong. A negligent doctor can make a mistake that leaves you with permanent disfigurement, a serious injury, or permanent disability. Although there are some risks associated with cosmetic procedures, many accidents on the surgery table are caused by negligence.

Every year, thousands of people are victims of malpractice. The fact that your procedure was cosmetic is irrelevant. Your doctor still has a duty to do everything in their power to keep you safe. Failing to do so makes them accountable, according to malpractice law.

What are the Elements of a Cosmetic Medical Malpractice Lawsuit?

The elements of a cosmetic medical malpractice lawsuit are the same as the elements for a regular malpractice suit. Any mistake that occurred during a cosmetic procedure deserves a second look.

There are a few basic requirements for the lawsuit. First, there must be a doctor-patient relationship. This is usually the easiest element to prove.

Secondly, there needs to be evidence of a breach of the industry standard of care. And finally, there must be proof that the breach caused you harm. Proving either can be very difficult. Fortunately, cosmetic surgery lawyers can help.

Proving the Breach of the Medical Standard of Care

The medical standard of care refers to the level of care that a cosmetic surgeon of a similar skill level would have provided in the same situation. Would another surgeon have made the same mistake? If not, there is a breach in the standard.

For most cases, proving there was a breach involves getting an expert witness to testify on your behalf. Your best bet is to find someone who has experience with the specific procedure used in your case. On the witness stand, the expert needs to explain how the doctor made a mistake.

Proving Injury

It can also be difficult to prove the patient’s injury was related to the breach in care. Every surgical procedure is risky, cosmetic, or not. By law, a surgeon needs to inform you of the risks before performing the procedure.

In some cases, the results of a botched surgery are not considered an injury in the eyes of the law. For instance, you might not be happy with the results of your nose job. But the results may not be bad enough to qualify as an injury.

That said, there are some injuries that are obvious. Infection, scarring, aesthetic damage, and complications from the anesthesia are all signs of injury. It’s important to note that a short-term effect, such as bruising, is not likely to count as an injury.

Cosmetic Procedure FAQ

If you believe you’re a victim of medical malpractice, there are a few things you should know. This FAQ can prepare you to seek compensation.

Do I Need a Cosmetic Procedure Malpractice Lawyer?

Anyone who thinks they may be a victim of medical malpractice should consult with an experienced Fort Lauderdale cosmetic malpractice lawyer. The only way to know if you’ve been a victim is to speak with someone who understands the basic requirements of a malpractice claim.

You could attempt to file a claim on your own. However, it is a legal process. Even if you want a settlement, you need to be able to negotiate. It’s unlikely that you have the skills or resources to take on your own case. On the other hand, a cosmetic lawyer does.

Are There Time Limits to Filing a Lawsuit?

Every state has its own statute of limitations for medical malpractice claims. In Florida, you only have two years from the date of your injury to file a claim. However, there could be some exceptions to this.

To learn more about how much time you have, you should speak to a cosmetic surgery malpractice lawyer in Fort Lauderdale. They can tell you about exceptions to the statute.

How Does a Botched Procedure Happen?

There are several ways in which a doctor can cause you harm during a medical procedure. For one, they could fail to get your informed consent. If they never told you about the risks of a procedure, you did not give your informed consent. This could make them vulnerable to a malpractice claim.

Another potential mistake is a failure to get a full medical history. Consider this example. You have an allergy to a certain medication used during the procedure. They administer the drug to you and you have an allergic reaction that sends you to the hospital. Had they asked for and obtained your medical history, they would have known about your allergy. As a result, the injury would never have occurred.

One of the most-discussed complications of cosmetic procedures is surgical errors. This could mean performing surgery on the wrong body part, giving the wrong amount of anesthesia, or leaving a medical instrument inside the patient.

What Are the Common Injuries Associated with Cosmetic Medical Malpractice?

Some of the common injuries associated with cosmetic procedure negligence include the following:

• Scarring
• Infections
• Disfigurement
• Skin discoloration
• Death
• Pneumonia
•  

Getting the Guidance You Need

Friedland and Associates understand how difficult life can be after medical malpractice. Our firm is dedicated to getting you the legal services you need. If you’re looking for a Fort Lauderdale plastic surgery malpractice lawyer, contact us today.

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