What You Should Know About Cosmetic Surgery Malpractice

What You Should Know About Cosmetic Surgery Malpractice

July 8, 2019

People generally undergo cosmetic surgery on a voluntary basis to address scarring, physical defects or simply to improve their general appearance. Some of the most common forms of cosmetic surgery include face and neck lifts, rhinoplasty, breast augmentation and liposuction. As with any type of surgery, the person performing the procedure is expected to provide a reasonably safe and high-quality level of care. If the surgeon fails to live up to those standards of care and something goes wrong that causes injury to the patient, the patient could have grounds to file a malpractice claim against the care provider.

Here’s some information from medical malpractice lawyers in Santa Rosa, CA that you should know about cosmetic surgery malpractice.

Determining liability

Some of the most common examples of botched cosmetic surgery injuries include nerve damage, scarring, severe infections and conditions arising from improper administration of anesthesia. In any type of malpractice case, it is important for you and your legal team to be able to prove the healthcare provider was liable for the damage caused to you.

Just because cosmetic surgery is voluntary does not mean the surgeon has any less of a duty of care. They are still bound to operate with a certain level of competency when performing any type of procedure. This is true for any doctor who provides care to any patient.

After establishing a doctor-patient relationship exists and that some harm was caused to you, you will need to be able to establish a link between the surgery and any pain or discomfort you are experiencing. It may take some expert testimony to be able to properly address this. A medical expert could be able to testify that the surgeon did not follow proper procedures during the surgery, made certain mistakes out of their own negligence or failed to notice that the patient was under strain during the procedure. Doctors are also responsible for discussing the risks of any procedure with a patient before they undergo the surgery. A failure to do so could also make the doctor liable for damage that occurs.

It is important to remember that just because you are not satisfied with the outcome of the procedure does not mean this amounts to medical malpractice. Malpractice is specifically for cases in which the negligence on the part of a doctor or care provider caused you some injury or damage for which you must be compensated. There is a general understanding in the court system that not all medical procedures can be expected to yield positive results, even in the world of cosmetic surgery. Therefore, your focus during your medical malpractice case must remain on showing the care provider to have been negligent in the way they went about the procedure, rather than specifically on the outcome of your surgery, because the outcome alone is not what’s most important.

For more information about liability in cosmetic surgery injuries, contact the experienced medical malpractice lawyers in Santa Rosa, CA at The Law Office of Max G. Arnold, Inc. today.

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