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Suing for Medical Malpractice After Plastic Surgery

According to the American Society of Plastic Surgeons, approximately 17.1 million cosmetic procedures were performed in 2016. People often seek plastic surgery to enhance or alter physical appearance in order to boost their self-esteem. Others undergo plastic surgery to repair genetic abnormalities or injuries sustained from an accident that may require physical augmentation. Most plastic surgery patients experience positive physical and psychological changes following a procedure. Some patients, however, may experience negative or even harmful effects from cosmetic surgery. Plastic surgery patients are owed a standard level of care during and after a procedure, but when the standard of care is not met, a patient can face injuries, disfigurement, health complications, or even psychological trauma. In such case, a patient may have grounds for a medical malpractice lawsuit against the responsible healthcare provider. If negligence can be proven, the victim may be entitled to compensation for the damages incurred.

Plastic Surgery Medical Malpractice

Medical malpractice can occur during any form of plastic surgery. The most common causes of medical malpractice include:

  1. Failure to Warn of Potential Risks and/or Scarring
  2. Surgery Performed Without Reasonable Care or with Inadequate Skill
  3. Insufficient Aftercare

If negligence can be proven, a surgeon, their team and/or the medical facility can be held liable for the damages that resulted from the medical malpractice. In such case, the victim may be able to receive compensation for the following damages:

  • Additional surgery, medications and treatment for healing the issues from the first procedure
  • Physical therapy for recovery
  • Therapy for mental, emotional or emotional pain
  • Loss of wages
  • Pain and suffering

Taking Legal Action

1. Speak with a medical negligence lawyer.

Medical malpractice cases are often sensitive matters with a lot at stake, so it is important to work with a lawyer experienced in the field. A medical malpractice lawyer will help you build a strong case, negotiate a fair settlement and represent you in court if it is necessary. Having experienced legal counsel can ensure your rights are protected and substantially improve your chances of winning a fair settlement.

2. Have damages assessed and obtain related medical records

It is important to determine any and all harm a surgery may have caused you before filing a claim. These damages can include any negative social, psychological, emotion or physical impacts caused by the surgery. You and your lawyer will need to obtain any medical records related to the surgery, harmful effects and treatment including those of hospital visits, doctors’ appointments, test results, administered treatment, medication, physical and psychological therapy, as well as notes from any doctors or therapists that were visited. Having the necessary documentation is the best way to prove the extent and severity of the damages you sustained from the medical malpractice.

3. File a Medical Malpractice Claim

A successful medical malpractice claim requires proof of the following elements:

  • A doctor/patient relationship existed;
  • The doctor acted in a negligent manner, failing to provide the same standard of care that a competent surgeon would have provided under the same circumstances;
  • The patient was harmed or suffered injuries directly as a result of the doctor’s negligence; and
  • Measurable damages are present

Proving negligence in a medical malpractice case can be challenging, so it is vital to have the support of a lawyer experienced in doing so. A medical malpractice lawyer will ensure you have the necessary evidence for a successful claim as you move forward with the case. Do not hesitate to seek attendance from hospital injury lawyers Memphis TN in the event you feel as a victim of medical malpractice or have any questions.

 

Thanks to Darrell Castle and Associates, PLLC for providing insight on Medical Malpractice.



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