Malpractice in Elective Surgeries
Posted on Mar 27, 2014 3:35pm PDT
There are about two million cosmetic surgeries in the United States annually, and this does not include the nine million minimally invasive operations performed every year. There is risk in every surgery, to be sure, but not every mistake is malpractice. There are times, however, when a botched cosmetic surgery could mean that you are owed financial compensation through a medical malpractice claim. Keep reading to learn some common risks from elective surgeries, and when you could file a lawsuit for these.
Injuries that can arise from negligence in a cosmetic surgery can include an allergic reaction, injuries from the anesthesia, infections, scarring, blood clots, blood pressure issues, nerve injuries, and even complications that lead to death. Malpractice in plastic surgery can also lead to disfigurement, income loss, recurring pain, and psychological troubles. Even if an error does not lead to fatal or lifelong injuries, mistakes can lead to painful injuries, some which even require further expenses in corrective surgery. These risks can vary according to the type of operation:
- Rhinoplasty: frequent nosebleeds, troubled breathing, numbness
- Eyelid Surgery: more surgery to fix retinal detachment or drooping lid (ectropian)
- Face Lift: nerve injury, discoloration
- Dermabrasion: scarring
- Lip Augmentation: scarring, numbness
Of course, facial surgeries are not the only ones that carry risk, risks that are more than a failure of achieving as aesthetic goal:
- Liposuction: lost fluids, swelling, scarring, numbness
- Breast Augmentation: burst implants, other complications that necessitate surgery
- Tummy Tuck: long recovery, perpetually numb abs
- Breast Reduction: numbness, scarring, loss of ability to breastfeed
Severe and minor injuries alike can further lead to financial losses. If these injuries were the result of a surgeon who failed to meet the standard of reasonable care, then you might have grounds for filing a medical malpractice claim. You would have to prove that your plastic surgeon acted in a way that a competent surgeon would not have done in similar circumstances. This means establishing that:
- You had a surgeon-patient relationship
- The surgeon did not show reasonable competence
- This negligence injured you
- These injuries were the result of breached duty
This can be a highly technical matter, requiring the testimony of a medical expert. It is also a complex legal matter that requires the expertise of a medical malpractice attorney. There is also a deadline to look out for, called the statute of limitations. These usually means you have anywhere from one to five years to file your medical malpractice claim depending on the state, otherwise, your case expires.
You need to check out what your state's law says about filing a medical malpractice claim and about any limits there are on what you can collect in compensation. You also need to get the specifics on whether or not you have a case, and how much a victory could mean for you in financial damages. Learn all this and more when you contact a medical malpractice lawyer on our site today!
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