The prevalence of cosmetic surgery is higher in the United States than any other country. About 14 million people in the country get cosmetic surgery every year, or 40 out of every 1,000 people. In the UK, a 2012 study found that facelifts, breast surgery, nose reductions, eyelid operations, and weight-loss procedures accounted for 80 percent of the increasing number of legal actions against cosmetic surgeons. In 2000, the total amount spent on medical malpractice insurance was $6.4 billion.
The prevalence of cosmetic surgery is higher in the United States than any other country. About 14 million people in the country get cosmetic surgery every year, or 40 out of every 1,000 people. In the UK, a 2012 study found that facelifts, breast surgery, nose reductions, eyelid operations, and weight-loss procedures accounted for 80 percent of the increasing number of legal actions against cosmetic surgeons. In 2000, the total amount spent on medical malpractice insurance was $6.4 billion.
Typically, cosmetic surgeries are elective procedures that are performed on people who want to improve their appearance. But as with any surgery, there can be complications and mistakes and patients can suffer significant injury. If an error that rises to the level of medical negligence is committed by a surgeon or other health care professional, and that error harms a patient, the basis of a viable medical malpractice lawsuit could be formed by that mistake.
Elements of a Cosmetic Surgery Medical Malpractice Lawsuit
In the eyes of the law, an error that is committed during cosmetic surgery is subject to the same kind of scrutiny as other errors in any other type of surgery.
There are general elements of a medical malpractice case based on errors during cosmetic surgery which are as follows:
· The existence of a doctor-patient relationship
· A breach of the medical standard of care in the treatment course
· Harm to the patient as a result of that breach
Typically, the first element – whether a doctor-relationship existed – is not disputed in a medical malpractice that stems from a surgical error.
The second element involves the medical standard of care which is typically defined as the type and level of care that a cosmetic surgeon with similar skills would have provided under the same circumstances.
To establish the medical standard of care, the testimony of an expert witness is typically required. Because this type of surgery is a highly specialized field, it is necessary for most plaintiffs to retain an expert who has experience in cosmetic surgery and ideally, is familiar with the same procedure that led to the lawsuit. After establishing the standard of care, the expert witness is required to show exactly how that standard was breached by the surgeon – what did the surgeon do or did not do, or what were the errors made.
It is a little trickier to establish the third element. As in all surgical procedures, there is a certain amount of risk that comes with cosmetic surgery. It is the surgeon’s duty to inform the patient of these known risks before performing the procedure. If the patient is provided proper information and agrees to the procedure, and the patient is harmed due to one of the known complications, it does not necessarily mean that malpractice has occurred. Instead, it may have been impossible to avoid the type and nature of the harm under the circumstances.
It is important to keep in mind that being unsatisfied with the results of cosmetic surgery is not considered an “injury”. This is why it may not be a reasonable basis for a medical malpractice lawsuit. Even if actual malpractice did take place, there may be assumptions from some juries that the patient was simply unsatisfied with the results of the surgery. This kind of jury bias can pose a serious challenge in cosmetic surgery cases.
The Finest Law Firm on the Block
If you or a loved one suffered an injury, a bad outcome or other harms as a result of cosmetic surgery in New York, you should contact a medical malpractice attorney at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212-344-1000.
Give us a call. What do you have to say? The first meeting is free. We know what a winning case looks like. We are not paid until you are paid.
