People have an increased interest in cosmetic surgery. It is estimated that more than 1.6 million people a year in the United States undergo cosmetic procedures. There is a big interest in the use of various options to change or improve one’s appearance. Whether to fix a perceived issue or simply wanting to appear younger, there are many procedures that are now readily available. However, as with any medical process, cosmetic procedures can go wrong. In some cases, the procedure can actually cause serious harm or even in rare instances, death.
Types of Cosmetic Procedures
There are two main types of cosmetic procedures: surgical and non-surgical. Procedures may be cosmetic or reconstructive. Surgical procedures are those that involve some type of surgery, although some procedures are considered minimally invasive. Non-surgical procedures are those that don’t require invasive techniques, such as Botox fillers, peels, or laser treatments. Some common cosmetic procedures include breast augmentation, face lifts, tummy tucks, buttocks lifts or augmentation, Botox for wrinkle reduction, and laser treatments to remove hair or improve skin appearance.
Identifying Botched Cosmetic Procedures
There are various things that can go wrong during or after any type of procedure.
- Errors in Administering Anesthesia
- Mistakes During Surgery
- Improper Post-Operative Care
- Inadequate Conditions
In addition, the doctor must obtain proper legal consent to perform the services. The failure of one or more of these matters can lead to problems that may require further medical care and treatment. These failures are also known as medical malpractice. When a procedure goes wrong, it could result in pain, infection, and other complications that may require immediate or ongoing intervention.
What is Cosmetic Surgery Malpractice?
Cosmetic surgery malpractice is a type of medical malpractice. A malpractice case means that the doctor or other medical professional was negligent. To prove your case, you must be able to prove the 4 main elements of negligence. You must show that the doctor had a duty to provide a certain standard of care. You must prove that the doctor breached their duty of care by providing care that was below the standard. The doctor’s negligence must have resulted in an injury that you can prove. Finally, you must prove your actual harm in the form of damages. Damages typically may include both monetary and non-monetary harm, which could be such things as pain and suffering, emotional harm, and financial costs.
Proving Negligence in a Medical Malpractice Case
It is necessary to provide detailed proof of negligence in a cosmetic surgery malpractice claim. Generally, you will need to have expert medical testimony to prove your case. Testimony and input from a doctor who is recognized as an expert in their field will be an essential part of proving your case. You will also need to provide medical transcripts and documentation showing all of the treatment you required after the initial surgery in order to correct the problem or provide necessary care. A skilled personal injury attorney will help gather the documentation needed to proceed with your case.
If you are the victim of botched cosmetic surgery, do not delay. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to request an initial consultation with our experienced legal team.
The skilled personal injury attorneys at Arnold & Smith, PLLC, are dedicated to maximizing financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car, and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life and that the effects often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC, are dedicated to helping clients determine their claims’ strength and aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.law.cornell.edu/wex/malpractice
https://www.mayoclinic.org/tests-procedures/cosmetic-surgery/about/pac-20385138
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