Patients who undergo cosmetic surgery expect a certain result. These patients entrust their appearance to the surgeon. Should the surgery go wrong, irreparable damage to the mind and body, long-term adverse side effects, and even death can result. However, not every surgery that has gone wrong means that the patient will have a legal recourse. If it can be shown that the surgeon was negligent and had breached their duty of care to the patient, then the doctor may be liable for the resulting damages.
A person may undergo cosmetic surgery for many different reasons. Such reasons include procedures to fix disfigurements or scars, voluntary alterations, breast augmentations, elective liposuction, and tummy tucks. Even though there is no guarantee that the surgery will result in a perfect outcome, most cosmetic surgery patients expect that their doctor will perform the procedure to the best of their ability.
A patient who is only unhappy with the results of the surgery does not have a cause for medical malpractice. However, a patient may have a claim for medical malpractice if there were serious surgical complications, such as hematomas that require more surgery, accumulation of fluids, breakdown of the skin, excessive bleeding that may require a transfusion, infection at the surgical site that requires more surgery and creates more scarring, or an adverse reaction to general anesthesia.
While all surgeries have a certain amount of risk associated with them, this does not release the medical professionals involved from being responsible for the patient’s safety. All patients have reason to believe that once they enter a medical professional’s office that their expectations will be met and they will recover from the surgery without an unexpected negative outcome. Surgeons have a responsibility to warn their patients prior to undergoing the procedure of any possible dangers. If the surgeon fails to do so, and the procedure caused the patient harm, the patient may be entitled to compensation.
Cosmetic surgeons are highly trained medical professionals who are able to identify and avoid potential problems that can occur during surgery. In addition, they are responsible for following the same safety measure other surgeons need to follow.
If you or a loved one has been injured after undergoing a cosmetic surgery procedure, you may have a claim for medical malpractice. Contact an experienced Kingston, New York medical malpractice attorney as soon as possible to evaluate your case.
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