Can Medical Malpractice Apply to Plastic Surgery?

  • By:David Bate

People often turn to plastic surgery to improve a physical appearance and boost self-esteem, or to repair genetic abnormalities or injuries from an accident. These surgeries are intended for positive changes, but in some cases procedures go wrong and result in negative losses by the patient. When a procedure fails, a patient could experience health complications, injuries or disfigurement which often leads to poor body image and feelings of embarrassment and shame. In these cases, the surgeon, healthcare facility or another medical professional may be at fault for the failed procedure.

If you you have been the victim of a failed plastic surgery procedure and believe the medical entity to be at fault, then you may be entitled to a medical malpractice lawsuit, and thus, compensation the damages you sustained.

Cosmetic Surgical Medical Malpractice

There are many ways in which medical malpractice can be considered the reason for a failed procedure, but the most common include:

  • Plastic surgery performed without sufficient skill or care
  • Failing to warn a patient of potential risks, including scarring
  • Inadequate aftercare

Medical professionals and institutions have a standard of care they must uphold. This means that they are responsible for maintaining safety and care to all patients. Failure to do so can be deemed as negligence and hold the medical entity liable for any damages sustained by the patient. Damages that may be compensated include:

  • Medical bills and costs
  • Prescriptions, treatment or therapy for physical pain, healing and recovery
  • Addition surgery or treatment to repair issues from the first procedure
  • Mental or emotional distress requiring therapy
  • Loss of wages

Taking Legal Action

  1. Have a Medical Malpractice Lawyer Review Your Case

If you are looking to file a medical malpractice lawsuit, a lawyer, like a medical malpractice lawyer Chicago IL can turn to, can review your case and help determine the best course of action. They can assess every component to determine how strong your case will be and how much a fair settlement will be. An experienced lawyer can be vital to ensuring every requirement is met and no mistakes are made. In addition, with legal experience and knowledge, a lawyer will know best how to protect your rights and fight for you interests in a case.

  1. Assess the harmful effects of the medical procedure

A failed procedure can result in negative physical, emotional and social effects and experiences. If you experience any of these, it is best to see a medical professional for treatment as well as medical records. In making a sound case, you will need to gather any medical records and documentation, including doctor’s notes and assessments, doctor appointments, hospital visits, test results, treatment and any records from a counselor or psychologist. It is helpful to have all the records surrounding the initial procedure, as well as any medical care received after the procedure that is relevant to the damages.

  1. Gather additional evidence

In addition to medical records, you and your lawyer should look for any other evidence that may be able to strengthen your case. This may include testimony from doctors and witnesses, testimony from previous patients that may have gone through a similar experience and your own testimony. It can help to record your experience starting from the day of the procedure. In addition, you should gather any marketing material, such as pamphlets and online ads, that may have helped convince you to undergo the surgery.

For more information, reach out to a skilled medical malpractice attorney today.


Thanks to our friends and contributors from the Law Offices of Konrad Sherinian for their insight medical malpractice.


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