Every person who receives medical care has the right to receive treatment or services that meet the applicable medical standard of care, which means that the doctor, nurse, or other healthcare provider acted in a manner consistent with what a professional with the same education, training, and experience would have done under the same circumstances. This is true for all victims of medical malpractice, even those receiving cosmetic surgery, often referred to as plastic surgery.
The fact is that some victims of malpractice after plastic surgery do not receive the same level of sympathy as other malpractice sufferers. This is ridiculous for a variety of reasons. First, many types of plastic surgery are very important for the physical, emotional, and mental health of the person receiving the treatment. Moreover, a person who has entrusted him or herself into the care of a medical professional deserves that person to act with the utmost care. Negligence during plastic surgery can have long-term or permanent consequences.
Many times, plastic/cosmetic surgery victims may have several different types of legal justifications for litigation against the surgeon and other parties involved in the procedure, including:
- Breach of contract – In many cases of cosmetic surgery, there is a negotiation for specific goals to be accomplished and particular materials to be used. When the surgeon fails to uphold his or her end of the bargain, then the patient has a cause of action;
- Breach of warranty – Unlike many other types of surgery, there are situations in cosmetic surgery where a doctor will make a promise about the outcome of the procedure. If something goes wrong during the surgery that leads to results that do not satisfy the promises that were made, then the individual undergoing the surgery may be able to bring a breach of warranty case. This may be the best option if the surgeon did not actually make a mistake that qualifies as medical negligence, but the patient did not get the results that he or she anticipated when the procedure started;
- Medical negligence – As with other areas of the healthcare profession, doctors, nurses, anesthesiologists, and other individuals associated with the cosmetic surgery simply may make a mistake that leads to serious, long-term harm. In these cases, it is necessary to obtain the services of a legal expert to establish the medical standard of care applicable to the unique circumstances of the case and then demonstrate how the medical professional(s) against whom the action was brought deviated from the established standard.
In addition to bringing a medical malpractice case against the individuals who were involved in the cosmetic procedure, it also may be possible to pursue a case against the facility in which the surgery was performed. Depending on the relationship between the surgical team and the facility in which the procedure was performed, the facility might be responsible if the patient suffered from a serious infection that was caused from unsanitary conditions. In addition, there may have been a failure to calibrate equipment or service it on a recommended schedule. There are many different factors that may have contributed to the harm suffered by the patient. In many cases, it is necessary to bring a case against several different parties.
In a medical malpractice case, the expert is going to play a critical role. In most jurisdictions, it is necessary to have the expert certify that the case has merit before it can be filed with the court. In addition, the expert provides the framework within which the entire case is presented. He or she must have the background to present the nuances of what should have been done and how the healthcare provider deviated from the standard of care.
When a person has undergone cosmetic surgery and suffered from serious harm as the result of medical negligence, it is critical that he or she has the same options as everyone else who has been injured because of a doctor or other medical professional’s mistake. At Stern Law, PLLC, we will work hard to get the victims of medical malpractice during cosmetic surgery the results that they deserve.
Stern Law, PLLC Acts in the Best Interests of Their Plastic Surgery Malpractice Clients
At Stern Law, PLLC, we have spent more than 30 years advocating on behalf of our clients who have been harmed by medical negligence or malpractice. We understand the long-term struggles that often result from a mistake by a doctor or other healthcare provider. It is our goal to ensure that our clients get the compensation that they need to pay medical bills, replace lost earnings, and achieve a quality of life as close as possible to the one that they had before the negligence altered their reality. Stern Law, PLLC also has compassionate and knowledgeable staff members ready to provide information and resources for those who have questions about medical malpractice 24 hours a day, seven days a week, regardless of whether or not you are a client. Call us at 1-844-808-7529 or fill out an online contact form in order to learn how we can help you get through this difficult time.