Medical Malpractice and Elective Procedures

Most people may assume that medical malpractice is when a doctor negligently performs a procedure on you.  However, that is not the whole truth.  Medical negligence involves a negligent act or omission which causes your harm.  This is not just a procedure such as a surgery, but could be related to any facet of your medical care such as a diagnosis, checkup, or even a failure to recognize symptoms or treat a condition.  While most people think of medical malpractice as being a surgical slip of the knife, medical malpractice can be so much more.

 

One common question is if elective procedures which result in damages could be medical malpractice.  After all, most patients agree to an elective procedure and think they agree to a possible bad result. 

 

The answer is YES—a botched elective procedure can result in medical malpractice and you CAN sue for it!

 

When we think of elective procedures, most people think of nose jobs, breast implants, liposuction, jaw implants, or other beauty-related procedures made popular by Hollywood.  However, there are so many other procedures which could be elective ranging from breast reductions, gastric-bypass, LASIK, deviated septum repairs, tooth extractions, and others which are not about beauty and everything about function.

All of these types of elective procedures, relating to beauty or function, can result in medical malpractice and can allow a victim to obtain compensation. 

 

A patient signs up for proper medical care under the circumstances as a reasonably prudent physician would render.  While a doctor’s agreement to perform the procedure does not get guarantee a successful or perfect result—well, unless they agree in contract to such—a patient is entitled to competent care and treatment.

 

Therefore, if a healthcare professional makes mistakes in the care and treatment of a patient undergoing an elective procedure such as a nose job for just beauty rather than function, a victim of medical malpractice is entitled to compensation for his or her injuries.

 

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected]  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.

 
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