Patients who undergo cosmetic surgery expect a certain result. Even though there is no guarantee that the end result of the surgery will be perfect patients expect that their doctor will perform the surgery to the best of their ability. All medical professionals have a duty to act reasonably and perform in a way that a surgeon in a similar situation would. When this type of surgery goes wrong, and the surgeon acted negligently and breached the duty of care owed to the patient, they may be liable for the damages the patient incurs.
There are a number of reasons cosmetic surgery may be performed including voluntary alterations, breast augmentations, elective liposuction, tummy tucks, and corrective procedures to correct disfigurements or scars. Patients who have these surgeries performed entrust their appearance to a cosmetic surgeon. If that trust is broken, patients often feel angry, confused, and cheated. Some patients may even suffer emotional trauma.
Possible indicators of cosmetic surgery malpractice include:
- Surgeons who are not plastic surgeons performing cosmetic surgery
- Using a nurse anesthetist rather than an anesthesiologist to save money
- Failure to take a full patient history
- Operating on the wrong part of the body
- Performing a lengthy procedure in a private office away from a hospital, when the private office is not equipped to deal with any complications
- Exceeding the scope of the informed consent of the patient
Unfortunately there seems to be a trend where non-plastic surgeons are performing cosmetic procedures. These doctors may take a course on cosmetic surgery and then advertise themselves as plastic surgeons. However, these untrained and unqualified practitioners may not make the right judgment calls should a complication arise.
Patients who want to prevail in a medical malpractice lawsuit against a plastic or cosmetic surgeon, they much show:
- The doctor owed the patient a duty
- That duty was breached by failing to act or acting negligently
- The patient sustained an injury
- The injury was a result of a breach
Possible injuries resulting from plastic surgery malpractice may include:
- Adverse reactions to anesthesia
- Excessive bleeding
- Skin irregularities (including skin discoloration)
- Sudden drooping or caving at the surgical site
If you or a loved one has been the victim of cosmetic surgery malpractice contact an experienced Kingston, New York medical malpractice attorney to evaluate your case. You may be entitled to compensation for your medical bills, lost wages, pain and suffering, and, in cases where the patient died, wrongful death.
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