Cosmetic surgeries are commonly done on people who wish to improve their appearance. Just as with any type of operation, plastic surgeons are expected to exercise a certain standard of care while performing their job. Unfortunately, mistakes happen occasionally, which can result in serious personal injuries. Although it’s possible for unavoidable complications to arise during surgery, the foundation may be laid for a medical malpractice claim when an error occurs because of a provider’s negligence This is when it’s imperative to consult a personal injury attorney to determine the validity of a case.
When Cosmetic Surgery Errors Lead to Medical Malpractice
Elements of a Medical Malpractice Claim
Similar to other personal injury cases, a medical malpractice claim must include specific elements to be valid. First, a doctor-patient relationship must exist. Second, the patient will have to show there was a breach of the medical standard of care during the course of treatment. Next, the patient will need to prove they were harmed as a direct result of the breach of care.
Examples of Malpractice in Cosmetic Surgery
There are many different mistakes a health care professional can make during a cosmetic surgery. Some examples include failing to obtain informed consent from the patient before surgery, neglecting to get a full medical history to identify allergies and current health problems, administering the wrong amount of anesthesia, leaving instruments in the patient’s body, and operating on the wrong body part.
Challenges of Cosmetic Surgery Malpractice Cases
Since cosmetic procedures are often elective, jurors may take the stance that the surgery was unnecessary, and therefore, the patient could have avoided their injuries. This bias can turn out to damage the outcome of a case if you don’t have a skilled personal injury attorney to present a compelling argument on your behalf. Victims must also keep in mind that there are strict time limits on how long they have to file a claim. In Alabama, the statute of limitations is two years from the date of injury.
If you want to file a medical malpractice claim after undergoing a cosmetic procedure, contact a personal injury attorney. Since 2000, The Gil Law Firm in Dothan has provided residents in Alabama, Florida, and Georgia with sound legal advice and effective representation. They have established an impressive track record of success for helping clients recover damages in malpractice cases. Call them at (334) 673-0100 or visit their website for additional information about their practice areas.