Can You Sue a Plastic Surgeon for a Botched Surgery?

It’s important to be aware of all the outcomes that could occur when you’re seeking cosmetic surgery. Knowing your rights in the case of botched cosmetic surgery cases is vital. If your surgery goes wrong, you may have a medical malpractice claim on your hands that could be handled by a personal injury attorney.

What Is Considered Botched Plastic Surgery?

1. Unfavorable Results

A medical professional should be able to tell you what the results of your surgery might look like. In many cases, your plastic surgeon will show you a mockup of the results of what your cosmetic procedure will look like. This mockup will represent a successful outcome. Ensure you save the mockup to use in case you need to make legal claims.

The results are never exactly identical to the mockup you’re shown, but they’re a good estimate of how your surgery will likely turn out. The results are typically in line with what you’re seeking when looking to get plastic surgery.

Examples of Unfavorable Results

Let’s say you went in for a breast augmentation and were given implants of the wrong size. This surgery can be considered botched. The surgeon clearly made an incorrect note on your chart or did something else wrong for you to end up with these unfavorable results.

For another example, if your elective procedure was a nose job and your nose came out crooked or deformed, then your plastic surgery may be considered botched.

Your surgeon may not have had enough training to deliver the results they promised, or they may have made a mistake while operating. This is considered medical malpractice, and you’ll need to prove it to win compensation.

2. Surgical Error

Surgical errors can occur during any type of surgery, of both a non-elective or elective nature. If something went wrong during your cosmetic surgery due to medical professionals being negligent, then you may have a textbook medical malpractice lawsuit on your hands.

You need to get in touch with a medical malpractice law firm as soon as you can to prove your claim and your injury.

Getting an attorney to aid you in proving medical malpractice should be one of your top priorities after surgical errors during cosmetic procedures. You should also contact an attorney in cases with unfavorable results, as this could also be considered a medical malpractice case, and you may be able to sue the surgeons liable for your injury.

Examples of Surgical Errors in Plastic Surgery Cases

If you went in for a nose job, but your surgeon performed a facelift, then this is a classic example of a wrong procedure. It’s medical malpractice that you could sue for.

This usually occurs because your surgeon mixed up your chart with somebody else’s, resulting in a wrong body plastic surgery. Chart mix ups can be considered medical malpractice, especially as they can impact multiple patients.

Infections are another example of a surgical error. Post-operative infections are a risk with any surgery, and your surgeon can’t obtain informed consent without you knowing this. However, sometimes infections can occur as a result of medical negligence.

When Might Botched Results Be Considered Medical Malpractice?

Highly proficient plastic surgeons rarely leave their patients with botched results. Truly botched results are typically a result of negligence by your plastic surgeon.

Medical malpractice claims must be based on negligence, not simply dissatisfaction with your results. Remember, both the patient and plastic surgeon agree upon the intended results before the surgery is performed.

You’ll need a strong case to show why your plastic surgery results are the product of negligence. The results being slightly different from what the doctor promised isn’t enough evidence to go on to hold the doctor liable for malpractice.

How Will I Know If My Cosmetic Surgery Is Considered Botched?

Going to an attorney will help you determine whether or not your surgery was botched.

A personal injury attorney can tell you if they’ve worked on cases similar to yours before, and they can also put you in contact with a medical expert who can evaluate your situation and help you determine whether or not your results are considered botched.

From there, the attorney can decide to take on your case and help you recover economic damages: and potentially non-economic ones, too.

When Can I Make a Medical Malpractice Claim?

You can make a malpractice claim for your botched surgery as soon as you’re fully healed. You need to be able to see what you look like without the swelling, bruising, and wounds you’ll have while healing.

The statute of limitations on medical malpractice is two years in Missouri, so you’ll need to make your claim within this time.

This is why you must contact an attorney about the malpractice as soon as you can after your cosmetic surgery. Ensure you let the physician know you intend to contact an attorney and potentially sue, too.

What Damages Can I Win After a Botched Cosmetic Surgery?

1. Reconstructive Plastic Surgery

The doctor who’s liable for your botched surgery may have to perform or pay for reconstructive plastic surgery for you. Ideally, you’ll have your reconstruction done by a different, more competent surgeon.

2. Financial Reimbursement

You can be financially reimbursed for various things after the negligence caused by your plastic surgeon. You’ve likely suffered pretty costly damages.

What you spend on medical bills will be covered as part of your medical malpractice payout. This includes the price you paid for your elective surgery, the money you spend on medications and checkups while recovering, and more.

You can also receive reimbursement for any time you’ve had to take time off work to recover from your surgery. This is known as recovering lost wages.

You’ll have to take even more time off to heal from a surgical error or to have reconstructive surgery to fix your surgeon’s mistake. You can be reimbursed for any wages you would’ve earned had you been working during this time, too.

3. Non-Economic Damages

Getting botched results after plastic surgery is emotionally jarring. You may be left with body image issues, PTSD from an injury or infection that occurred during or after the surgery, physical pain, ongoing medical issues, and more.

You could potentially win a hefty sum depending on your circumstances, and how much you’ll win varies. A patient who suffered a severe infection or injury and deformity will win more than a patient who suffered a minor infection.

As a patient, knowing your legal rights regarding botched results or an injury after plastic surgery may bring you some comfort. You can recover compensation for your claim, and you should be able to afford reconstructive plastic surgery once you’ve won your settlement.

If you received a botched surgery from a plastic surgeon, contact our experienced personal injury attorneys at Wendt Law Firm P.C for a free consultation. Call us today at 816-542-6734


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