Brandon Cosmetic Surgery Lawyer
Cosmetic surgery is performed for a number of reasons, ranging from voluntary alterations and elective surgeries to corrective procedures intended to fix scarring or other disfigurements. Regardless of the specific type of surgical procedure in question, the cosmetic surgeons who operate on patients are required to use the highest degree of care in treating their patients and to conform to any accepted surgical practices in doing so.
While some cosmetic surgeons take great pride in the care they use when treating their patients, many are not so conscientious and could end up causing a person to suffer an injury due to their negligent actions. To learn more about your options following a botched surgery, please contact an experienced lawyer who is well-versed in medical malpractice law and can help protect your interests.
Elements of a Cosmetic Surgery Case
In order to file a successful cosmetic surgery claim, an injured party must be able to prove that:
- A doctor-patient relationship existed between the defendant and the injured party;
- The defendant breached the industry standard of care by not using the level of skill and care that another surgeon would have provided in the same situation; and
- The defendant’s lack of care resulted in the patient’s injury.
Of these elements, proving that a surgeon breached the standard of care is often the most difficult and requires obtaining the opinion of an expert witness who can testify as to the industry standard for a particular procedure, in a particular area. Proving that a surgeon caused a patient’s injury can also be an uphill battle in these types of cases, as all surgical procedures come with a certain amount of risk. Furthermore, a court may not consider the results of a botched surgery to qualify as an injury, even if the injured patient is dissatisfied with the results of the procedure. That being said, some injuries, such as infections, scarring, and complications from anesthesia, are obvious and not the kinds of side effects that a patient could expect to experience if undergoing a surgical procedure.
Examples of Cosmetic Surgery Malpractice
If a surgeon fails to meet the minimum standards accepted in the medical community and a patient suffers an injury as a result, the at-fault doctor could be held liable for damages. Examples of cosmetic surgery malpractice include:
- Performing cosmetic surgery without the proper licensing and qualifications;
- Performing lengthy procedures when unequipped to deal with complications;
- Failing to take an accurate patient history;
- Exceeding the scope of a patient’s informed consent;
- Using non-sterilized tools;
- Failing to warn patients of the risks of certain procedures;
- Performing the wrong operation or operating on the wrong part of the body; and
- Administering anesthesia improperly.
Patients who find themselves the victims of this kind of negligence could suffer from a wide range of injuries and complications, including scarring, disfigurement, infection, excessive bleeding, paralysis, and allergic reactions. Fortunately, patients who are injured as a result of one of these types of actions could be entitled to economic, non-economic, and in some cases, punitive damages.
Get the Guidance You Need
Please call 813-506-5651 today to speak with one of the experienced cosmetic surgery lawyers at Palmer | Lopezabout your legal options following an unexpected cosmetic surgery error.
