According to the American Society of Plastic Surgeons’ 2023 Plastic Surgery Statistics Report, breast augmentation procedures increased by 2% from 2022 to 2023, totaling 304,181 procedures. Cosmetic plastic surgery is becoming more and more common, whether for reconstructive purposes after an injury or as an elective enhancement. While risks are inherent in any surgical procedure, patients trust their surgeons to uphold a professional standard of care. However, when negligence results in serious injury, complications, or even death, you or your loved ones may have legal options to pursue compensation — even if you signed a waiver before the procedure.
Understanding Medical Negligence in Cosmetic Plastic Surgery
Cosmetic plastic surgeons, like all medical professionals, are required to adhere to a standard duty of care. If a preventable error occurs during surgery and leads to harm, the patient may have grounds for a medical malpractice lawsuit. Examples of surgical errors that might warrant legal action include:
- Surgical instruments left inside the body
- Anesthesia errors (incorrect type or dosage)
- Failure to recognize known allergies
- Neglecting to consider pre-existing health conditions
- Operating on the wrong body part
- Accidental internal organ damage
- Performing the incorrect procedure
- Failure to obtain informed consent
Severe consequences from such errors may include chronic pain, disfigurement, paralysis, or fatal complications. If you believe your injury resulted from medical negligence, this five-step guide can help determine whether you may have a case.
5 Steps to Evaluate If You Have a Case
Step 1: Check the Statute of Limitations
Each state has a statute of limitations that dictates how long you have to file a medical malpractice lawsuit for cosmetic plastic surgery. This timeframe varies, typically ranging from one to ten years, with many states enforcing a two-year limit. Acting quickly is crucial—if your case is within the statute of limitations, proceed to Step 2.
Step 2: Establish a Surgeon-Patient Relationship
You will need to prove that you had a formal agreement with the surgeon for the procedure in question. Payment records, medical records, or signed consent forms can help establish this relationship. If you do not have these documents readily available, request them from your medical provider or insurance company as soon as possible.
Step 3: Identify a Breach in the Standard of Care
A critical element of medical malpractice is proving that the cosmetic plastic surgery doctor deviated from accepted medical standards. Seeking a second opinion from a qualified medical expert in the same field can help determine whether your procedure was performed negligently. Supporting evidence such as medical records, emails, photos, videos, or witness accounts may further strengthen your claim.
Step 4: Link the Negligence to Your Injury
For a successful claim, you must demonstrate a clear connection between the surgeon’s negligence and the harm you suffered. Before-and-after photos, X-rays, lab reports, or expert testimony can serve as crucial evidence to establish this link.
Step 5: Assess the Impact of Your Injuries
Beyond physical pain, a botched cosmetic plastic surgery can lead to significant emotional and financial burdens. You may be entitled to compensation for:
- Ongoing medical expenses
- Physical pain and suffering
- Emotional distress
- Disfigurement
- Loss of income
- Loss of consortium (impact on personal relationships due to injury or disability)
What to Do Next
If you have successfully completed these steps and believe you have a valid claim, seeking legal counsel is the next move. A medical malpractice attorney can help evaluate your cosmetic plastic surgery case and guide you through the legal process.
For help with this or any medical malpractice questions you may have, fill out the form here to schedule a time to speak with a qualified medical malpractice attorney. It has never been more important to have a knowledgeable and compassionate advocate on your side
