Elective Surgery Errors and Malpractice

With any type of cosmetic surgery, complications may arise and all surgical procedures carry some amount of risk. When a patient seeks or requires surgery, they are typically informed about the inherent risks associated with the surgical procedure. Patients believe that the surgeon and medical team performing the procedures are highly skilled, properly trained and experienced enough to perform the surgery without committing surgical errors. However, not all surgeries are successful and in some cases, surgical errors lead to permanent injury, chronic pain, or even death.

Prior to surgery, a doctor should fully evaluate the patient’s current health and medical history, use of medications, alcohol, tobacco and their family history. Surgeons who perform elective surgery should also have a thorough understanding of the patient’s aesthetic goals.

Elective Plastic Surgery Injuries and Errors

It is estimated that there are nearly two million cosmetic surgeries performed each year in the United States and another nine million minimally invasive procedures done. The general risks for all cosmetic procedures include:

• Infection
• Allergic reaction to the anesthesia
• Hematoma or blood clotting under the skin
• Scarring
• Drop in blood pressure
• Necrosis can occur due to insufficient supply of oxygen causing death of the tissues
• Nerve damage
• Loose stitches
• Death due to severe complications

Elective Surgery Procedures and Risks

1. Liposuction—The removal of fat deposits often performed on the abdomen, buttocks, hips, thighs, and upper arms. The risks of this procedure may include, fluid loss, swelling, bruises, scars, and a numbing of the skin.
2. Rhinoplasty—The reshaping of the nose to make it bigger, smaller or to narrow the span of the nostrils or change the angle between the nose and upper lip. Specific risks include recurring nosebleeds, difficulty breathing through the nose and numbness in and around the nose.
3. Breast Augmentation—The enlarging of a woman’s breasts using saline or silicone-filled implants. Implants can break or rupture and some women experience hardening of the breasts which may require additional surgery.
4. Eyelid Surgery—Drooping upper eyelids and bags below the eyes are corrected by removing extra fat, muscle, and skin. Specific risks include retinal detachment and ectropian (drooping effect causing the lower lid to invert) which both require additional surgery to correct
5. Tummy Tuck—The abdomen is flattened and extra fat and skin is removed while abdominal muscles are tightened. Wound healing is extremely slow and permanent numbness of the abdomen may occur.
6. Face Lift—Excess fat is removed and muscles are tightened before the skin is redraped, resulting in tighter skin on the face and neck. Injury to the nerves that control facial muscles and skin discoloration may occur.
7. Dermabrasion—Wrinkles and facial blemishes are rubbed out scraping away the top layers of skin, leaving softer and newer layers. The most common complication is the formation of keloid, a type of abnormal scar that results from excessive collagen production.
8. Hair Transplants—A surgical procedure in which tiny patches of scalp are removed from the back and sides of the head and implanted in the bald spots in the front and top of the head. The major risk of this procedure is that the grafted area does not look the way the patient expected it to look.
9. Breast Reduction—Both men and women may elect to have this procure. A condition called gynecomastia causes some men to develop breasts that resemble women’s. Women may choose to have breast reduction surgery to alleviate discomfort or to achieve a breast size in proportion with their body. The risks may include loss of sensation in the nipples and areola, scarring, the inability to breastfeed, and breasts may not be symmetrical in size and shape after surgery.
10. Lip Augmentation—The surgeon hollows out a portion of your lip and inserts an implant to give your lips more body. The specific side effects of lip augmentation include lumping, scarring, numbness, cold sores, and asymmetrical lips.

Liability of the Doctor and Laws in Place

Plastic surgeons must exercise a high degree of medical competency and care when treating patients. Failure to provide the level of skill, care, and treatment that a reasonable plastic surgeon would provide under similar circumstances may constitute medical malpractice. This is defined as treatment that doesn’t meet accepted medical standards, which causes injury to the patient. By law, a surgeon must disclose the most probable known dangers of surgery and their likelihood of occurring.

Filing a Claim

Plastic surgery errors can leave a patient with lifelong complications. The victim may require numerous corrective surgeries and experience disfigurement, loss of work, chronic pain and psychological difficulties. To be successful in a medical malpractice claim, you must be able to show:

1. The existence of a surgeon/patient relationship
2. That the duty of care was breached
3. The plaintiff suffered injuries
4. The damages were caused by the breach of duty

Statute of Limitations

The law limits the time in which a plaintiff can file a claim for damages. This is known as the medical malpractice statute of limitations, which varies in each state. Typically, the timeframe can range from one to five years from the time the medical malpractice occurred or when the malpractice was discovered. In cases where the victim is a minor, the statue of limitations is delayed until the victim reaches legal adulthood.

How a Lawyer Can Help

If you or a loved one has suffered serious injury or emotional harm due to plastic surgery complications or errors, you may have the legal right to pursue a claim against those responsible. You should consult with a personal injury attorney so they can review the specifics of your case.

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