Cosmetic Surgery Malpractice Lawyers at Alonso Krangle, LLP are available to help you file a malpractice claim. If you suffered injuries because of cosmetic surgery, you might be eligible to collect monetary damages from a negligent doctor or hospital.
What is Cosmetic Surgery Malpractice?
Undergoing cosmetic surgery is as common these days as walking into a grocery store. It seems as though everyone around us is getting some type of work done to their faces or bodies. There are, of course, patients who require cosmetic surgery to correct a deformation or address a medical condition.
There are a variety of reasons that people choose to have cosmetic surgery. One thing these patients have in common is that they face serious risks to their health and appearance by undergoing cosmetic surgery.
Doctors who perform cosmetic surgery are usually experienced, medical professionals. Some may have more training than others, but all are capable of making mistakes that can cause permanent injury, scarring, and even death.
Malpractice during cosmetic surgery occurs when the doctor, nurse, or hospital commits an error before, during, or after the procedure. Some examples of errors that may be considered malpractice include injecting the wrong site, performing surgery on the wrong body part, or administering the wrong medications and treatments.
Cosmetic Surgery Injuries Can Cause Permanent Injuries
Some of the risks and dangers of cosmetic surgery are similar to other surgery. Any time someone “goes under the knife” or gets anesthesia, there are risks such as:
- Infection
- Excessive bleeding
- Dangerous reactions to anesthesia including stroke or death
Because cosmetic surgery is often performed to fix the appearance of a patient, there are additional injuries that can be as emotionally traumatic as they are physically painful. For example,
- Additional scarring
- Severe nerve damage
- Facial paralysis
- Facial drooping
- Asymmetry
- Pain
- Permanent scarring
- Deformity
It is important to understand that even without anesthesia, injectables, implants, and other cosmetic procedures can result in serious complications that can lead to death.
Who is Liable When You are Injured by Cosmetic Surgery?
The law requires that doctors and other health care professionals exercise a specific standard of care when treating patients. They must adhere to the standard when performing surgery, giving medical treatment, and diagnosing patients. The standard of care is that which is “reasonable.” Medical professionals must provide the same level of care that another similarly trained, and skilled medical professional would provide under similar circumstances.
When a plastic surgeon or other doctor fails to exercise the proper standard of care, he or she may be liable for malpractice.
Can I file a Medical Malpractice Claim?
To have a malpractice claim, you have to prove that the cosmetic surgeon or other medical professional was negligent. You must show:
- The doctor owed you a duty of care (this is usually established by demonstrating a doctor-patient relationship existed)
- The doctor breached the duty of care (was negligent)
- You suffered an injury or injuries
- The doctor’s negligent breach of duty was the actual cause of your injuries.
If the doctor’s actions caused you to suffer an injury, it is malpractice only if the actions were unreasonable. If an action or decision meets the reasonable standard of care but causes an injury, no negligence exists, and you have no malpractice claim.
It is sometimes difficult to prove causation in cosmetic surgery malpractice claims. Complications from cosmetic surgery can take time to become apparent. By the time the problem arises, it may be hard to demonstrate that the cosmetic surgeon caused the injuries.
You also have to be sure that you have time to file your claim if you do suspect cosmetic surgery malpractice. Every state has a statute of limitations during which you may pursue legal remedies for malpractice. Speak with our medical malpractice attorneys at Alonso Krangle, LLP to find out if you are within the time frame to file your claim.
What Damages Can You Collect in a Successful Cosmetic Surgery Malpractice Claim?
If you can prove that someone was negligent and caused your injuries, you may be able to collect significant monetary damages. You may be able to, with the help of our malpractice lawyers, negotiate a substantial settlement, or receive a court award after litigating your case. You may receive compensation for the following:
- Medical expenses such as doctor visits, additional surgeries, and treatments
- The cost of prescription medications and medical devices
- The cost of future medical treatments
- Lost wages
- Lost future income
- Damages for your pain, suffering, and emotional trauma
- Punitive damages if you can prove the doctor acted intentionally or with malice
Contact our Cosmetic Surgery Medical Malpractice Lawyers for Help
Proving malpractice in cosmetic surgery in New York can be complicated. If you are trying to recover from surgery and injuries, it can be a daunting task. Speaking to our experienced personal injury lawyers at Alonso Krangle, LLP can help ease the stress of trying to handle your case alone. Our NY medical malpractice lawyers know how to stand up to insurance companies and medical professionals. We can assist you in securing an outcome that fairly reflects the nature of your injuries and assures that you are justly compensated.
Call Alonso Krangle LLP today for a free evaluation of your cosmetic surgery malpractice claim. Call us at 516-555-3500 and protect your legal rights.