When patient undergoes cosmetic surgery, they expect a certain result. However, not every surgery that does not have the end result the patient wanted results in legal recourse. Only if the surgeon was negligent and had breached their duty of care to the patient is it possible that he or she can be held liable for the damages that the patient suffered due to the negligence. Regardless of whether the patient can obtain compensation, the results of a negligently performed cosmetic surgery can be devastating for the patient.
Cosmetic surgery does not come with a guarantee that the result will be perfect, however most patients do expect their doctor to perform to the best of their abilities. Cosmetic surgeons have a duty to act with reasonable care and perform a surgery in the same way that another surgeon in the same position would act. When a surgeon does not meet this minimum standard of care, and injury results, the then the doctor may be liable for damages. The reasons for undergoing cosmetic surgery vary including voluntary alterations, breast augmentations, elective liposuction, tummy tucks, and corrective procedures intended to fix disfigurements or scars.
Patients may not always know if they have been the victim of cosmetic surgery malpractice. However some indications include:
- The surgery was performed by a non-plastic surgeon
- The surgery was performed in a private office, unequipped to deal with complications and away from a hospital
- A full patient history was not taken
- The scope of the patient’s informed consent was exceeded
- The wrong part of the body was operated on
It is increasingly common for plastic surgery procedures to be performed by non-plastic surgeons. A doctor may have taken a course on cosmetic surgery and then advertises themselves as a plastic surgeon. However, as with all types of surgeries, plastic surgery has its own intricacies and complications. If the practitioner is not trained and not qualified, he or she may not make the right judgment calls should a complication arise.
If you or a loved one has been the victim of cosmetic surgery malpractice, contact an experienced Kingston, New York medical malpractice attorney as soon as possible to evaluate your case.
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