Have there been successful cosmetic surgery malpractice lawsuits?


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Question:

Have there been successful cosmetic surgery malpractice lawsuits?

Answer:

There have been successful cosmetic surgery malpractice lawsuits. Although cosmetic surgery is an elective procedure, doctors are still held to the same standard of care as any other physician who provides any type of medical service. This means if you undergo a cosmetic procedure and your doctor is negligent and botches the job, you can hold him liable for the damages he caused you.

If you believe you have a cosmetic surgery medical malpractice case, you need to understand the requirements of the tort. To prove malpractice, you need to show:

  • That your doctor was negligent. In this case, this means showing a reasonable plastic surgeon would have been more careful, and provided you with a higher standard of care, than your doctor did. If an act or omission done during your surgery or procedure by your doctor would not have been done by a reasonably competent plastic surgeon, your doctor will be viewed as negligent under the law
  • That your doctor's negligence hurt you in some compensable way. In other words, if you were hurt and you wouldn't have been, but for, what your doctor did, then you can collect damages.

Damages for a botched plastic surgery procedure can include:

  • Medical bills to correct the plastic surgery procedure, or for any other medical treatment that was made necessary by the negligence
  • Lost wages if your doctor's mistake caused you to miss work
  • Pain and suffering that resulted from the bad plastic surgery job
  • Emotional distress if you suffered such distress because of your employer

For assistance in filing a cosmetic surgery malpractice claim, you should strongly consider speaking with a lawyer for assistance and advice. 

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