Fiol Law Group|Posted in Uncategorized on June 20, 2019
In 2018, Americans spent more than $16.8 million on cosmetic surgery, and yet a vast 20 percent of individuals are typically disappointed with their results. The question arises whether their disappointment is a result of their own perceptions or surgeons performed their procedures incorrectly.
In either scenario, the fact is the disappointed patients spent thousands of dollars. Individuals may file a lawsuit for botched plastic surgery, but it may be more difficult to prove medical malpractice than in other situations. If you wish to sue for a botched plastic surgery, contact a personal injury attorney who can help you with your case
Is Cosmetic Surgery Considered Medical Malpractice?
Although several people may think that cosmetic surgery is purely based on physical appearance, plastic surgery can help heal a number of medical conditions and deformities that would otherwise negatively impact an individual’s life. For this reason, many juries consider cosmetic surgery medical malpractice. Medical malpractice means that a doctor, nurse, or other healthcare professional acted in a negligent way, or failed to act in a responsible one.
In the world of cosmetic surgery, one such example would be leaving a scalpel inside a patient. Even if this is an accident, a jury would still consider it negligence. However, on the other hand, a botched plastic surgery experience does not automatically assume malpractice and a jury must consider other factors.
Challenges of Cosmetic Surgery Cases
When an individual is unhappy with their cosmetic surgery, it is unfortunate, especially after paying thousands of dollars, but this does not mean that it is malpractice. Since cosmetic surgeries are also elective, health insurance does not typically cover them. For this reason alone, a jury may not rule a botched plastic surgery as malpractice. In addition, if the individual appears vain or has excess money, the jury may also rule against it. Do not allow the opinions of the jury to convince you not to file a lawsuit.
When filing a cosmetic surgery medical malpractice lawsuit, you must prove several negligent circumstances.
- There was an existing doctor-patient relationship between you and your surgeon.
- The surgeon acted in a negligent way; a way in which a competent surgeon wouldn’t have.
- The act of negligence caused you injury.
- The injuries caused the damages you’re claiming.
In addition, be sure that you are within your stature of limitations for your state. This is a specific time period in which you have to file as outlined below.
Statute of Limitations
The statute of limitations is the exact time that you have to file a claim. If you try to file a claim after the deadline has passed, the cosmetic surgeon can simply make a motion to dismiss it, and the court will dismiss your case without hearing it. There can be exceptions to the statute of limitations, but typically once the deadline has passed, you can do nothing more.
Filing Your Claim
Finally, when it comes time to filing your medical malpractice claim for a botched plastic surgery, you have two reasons for which you may claim. One, the surgeon botched the procedure due to a procedural error. This may include after surgery such as complications with the anesthesia or post-operative injections. Two, the surgeon was unskilled or lacked the proper certification. This may also fall as an individual’s responsibility because cosmetic surgery is one that only an expert should handle. So do your research well.