Can I File a Lawsuit Following a Cosmetic Procedure?August 7th, 2017
Cosmetic procedures are typically elective surgeries that people choose to undergo for the sake of improving some aspect of their appearance. As with any surgical procedure, complications can arise, mistakes can be made, and patients can suffer as a result.
According to , the most popular cosmetic procedures of 2016 were breast augmentations, liposuction, rhinoplasty, eyelid surgeries, and facelifts. Some of these surgeries are more invasive than others, but they all pose certain dangers in the hands of negligent healthcare providers.
Although cosmetic surgery does not aim to treat life-threatening conditions, patients who undergo elective procedures still deserve a certain standard of care before, during, and after their operation. If you think you received substandard care when undergoing plastic surgery and you sustained serious injuries as a result, you have the right to sue the healthcare provider.
Contact The Bowling Christiansen Law Firm to discuss your case and determine if you are eligible to recover compensation for the damages you incurred. Although no amount of compensation can undo the trauma you have experienced, it can help you maintain your financial stability while you recover. Call (504) 586-5200 to schedule a consultation with a New Orleans medical malpractice lawyer.
Can I File a Lawsuit Following a Cosmetic Procedure?
If you undergo a cosmetic surgery and you are unhappy with the results, you may not necessarily have grounds for a lawsuit; however, if you sustained quantifiable damages as the result of receiving substandard care, you can file a medical malpractice claim. A medical error committed during an elective procedure is subject to the same legal scrutiny as one that occurs during any other kind of surgery.
In order to file a successful malpractice claim, you must be able to prove:
There existed a doctor/patient relationship between you and the provider, and as a result, the provider had a duty of care toward you;
The provider breached that duty of care; and
You sustained actual damages as a result of the breach.
Can Lack of Information Regarding the Procedure Constitute a Valid Malpractice Claim?
Cosmetic surgeons are responsible for ensuring their patients have reasonable expectations before undergoing a particular procedure. In fact, surgeons in all specialties must inform their patients of the possible risks, side effects, and complications that could accompany an operation.
If you are unhappy with the outcome of your cosmetic surgery but your doctor informed you that the results can vary among individuals, you probably do not have grounds for a malpractice claim. If your doctor failed to advise you of all possible complications, though, and something that you did not anticipate happened, you may be able to recover compensation for the damages incurred.
Cosmetic surgeons are just as capable of committing medical malpractice as doctors in other specialties. If you underwent an elective procedure and think you were the victim of malpractice, contact The Bowling Christiansen Law Firm to determine if you have grounds for a claim.