Botched Cosmetic Surgery: Can I Sue a Plastic Surgeon for Malpractice?
People undergo plastic or cosmetic surgery to reconstruct parts of the body, either to achieve aesthetic goals or repair damage from an accident, injury, illness, or prior surgical procedure. While cosmetic surgery is performed to enhance a person’s appearance and boost self-confidence, mishandled surgery can have the opposite effect. Botched plastic surgery can result in physical, emotional, and financial damages.
Patients who experience unexpected surgical complications or aesthetic results may wonder if they can sue a cosmetic surgeon for botched plastic surgery. Surgical error lawyers at Younker Hyde Macfarlane in Salt Lake City, UT, work with individuals to determine if they have grounds to file a medical malpractice lawsuit following a botched plastic surgery.
Do I Have Rights if My Surgery Was Elective?
Botched plastic surgery is not as unusual as some people may imagine. Unfortunately, many people fail to take action when cosmetic surgery goes wrong because they are unsure of their legal rights. Many people mistakenly believe they are not owed the same rights as other medical patients because their procedure was elective (not medically necessary).
Actually, plastic surgery patients have the same rights as other medical patients and are due the same degree of care. Every medical professional, including cosmetic surgeons, is required to deliver care that meets the accepted standard. Patients have the right to expect that the care they receive from one medical professional is the same standard of care they would receive from any other similarly trained medical professional presented with the same set of circumstances. When the accepted standard of care is not delivered, it is a violation of the patient’s rights.
When Is a Plastic Surgery “Botched”?
Plastic surgery results are subjective. Someone may get a nose job and be unhappy with the results, even though the surgeon did not commit any errors. Therefore, a patient must be able to demonstrate that their plastic surgery is botched and not just a matter of surgical regret.
A botched plastic surgery is one in which the surgeon’s failure to deliver the accepted standard of care results in unexpected surgical results or complications. Potential consequences of a botched cosmetic surgery include:
- Disfigurement
- Skin irregularities or discoloration
- Skin neurosis
- Wound separation
- Permanent and severe scarring (beyond the expected degree of scarring)
- Infection
Do I Have Grounds for a Medical Malpractice Claim?
To file a lawsuit for botched plastic surgery, these four main components of a medical malpractice claim must be established:
- There was a doctor/patient relationship (the doctor had a duty of care to the patient)
- The surgeon violated their duty of care by delivering care that fell short of the accepted standard
- Substandard care was a direct cause of patient injury
- The patient suffered physical, emotional, and/or financial damages
Schedule a Consultation at our Salt Lake City Law Firm
If you were injured or disfigured following a plastic surgery procedure, surgical error lawyers at Younker Hyde Macfarlane can review your case to determine if you have grounds to file a medical malpractice claim. To schedule a free legal consultation at our Salt Lake City law firm, send us a message at your earliest convenience.