When Plastic Surgery Turns Into a Case of Malpractice
Many medical malpractice victims are unsure if they have a viable case or not. They may doubt that their claim will hold up in court. Let’s take a closer look at what constitutes malpractice in cases of plastic surgery.
What Constitutes Malpractice in Plastic Surgery?
There are a couple of things to be concerned about when filing a medical malpractice claim for plastic surgery. The majority of botched plastic surgeries are caused by a surgical error. The plastic surgeon may have made a mistake during the operation or there could have been negligent use of drugs during the procedure. It’s also possible for there to be complications from anesthesia.
Other botched plastic surgeries result from mistakes made by the surgeon. For example, the surgeon may have operated on the wrong body part or mishandled surgical complications when they developed.
It’s important to make sure your plastic surgeon is board certified to perform cosmetic procedures.
Cosmetic Surgery Presents Greater Challenges in Malpractice Suits
Plastic surgery medical malpractice cases are more difficult to tackle than typical medical malpractice cases. It’s mainly because cosmetic surgery is considered to be unnecessary in most cases. Juries tend to be unsympathetic with plaintiffs in plastic surgery cases because they don’t believe the plaintiff truly needed the procedure. If there is no major harm, juries will usually provide the plastic surgeon a wider margin for error than in other malpractice cases. Unfortunately, juries may be biased against these plaintiffs from the start. They may think the plaintiff is vain and chose the easy way out for their problems.
Jurors who themselves have had successful plastic surgery before may believe the plaintiff went to a bad surgeon. These jurors may blame the plaintiff for not doing enough research on the plastic surgeon before getting the procedure.
Plastic surgery is viewed as an elective procedure, so it will likely be more difficult to convince a jury that you are a victim of malpractice. However, it is still possible for careless mistakes to happen during plastic surgery procedures. If you were injured while undergoing a plastic surgery procedure, it is in your best interest to consult with an experienced medical malpractice attorney in Brooklyn, NY. He or she can help you file a lawsuit against the doctor and improve your chances of receiving fair compensation. You deserve justice for everything you have been through.
Thanks to our friends and contributors from the Law Offices of Laurence C. Tarowsky for their insight into medical malpractice claims.