Can You Sue For Bad Plastic Surgery Results? What You Need To Know

According to the American Society of Plastic Surgeons, 18.1 million cosmetic procedures, including surgical and minimally-invasive cosmetic procedures, were performed in the United States in 2019. With a total cost of $16.7 billion, clients of cosmetic surgery anticipate satisfactory results.

What Are the Most Popular Cosmetic Surgery Procedures?

Given the increasing popularity of cosmetic surgery, there are numerous satisfied patients. From 2000 to 2019, breast augmentation grew by 41%, buttock lifts by 228%, and upper arm lifts by a staggering 5,318%.

Over 1,8 million cosmetic surgical procedures were performed in the United States in 2019. The five most popular of these were:

  • Breast enhancement
  • Liposuction
  • Blepharoplasty (Eyelid surgery) (Eyelid surgery)
  • Nose correction Facelift

In 85% of breast augmentations, silicone implants were used, while saline implants were used only 15% of the time.

Some of the most common surgical procedures are also the most litigated. Studies have revealed, in an analysis of medical malpractice cases involving cosmetic surgery, that the most frequently litigated procedures are:

  • augmentation of the breasts (34.4% of cases)
  • Liposuction (18.3% of all procedures)
  • Body sculpting (14% of cases)

The analysis revealed that cases involving body contouring were more likely to favour the physician. However, victims of botched breast augmentations were more likely to receive compensation from a doctor whose negligence resulted in a deformity.

Blepharoplasty is a growingly popular procedure that is also seeing an increase in medical malpractice claims. In 2019, this facial rejuvenation method was performed over 211,000 times in the United States. More than half of the patients who received it were at least 55 years old.

It is not just cosmetic surgery that is on the rise. Injections of Botox, fillers for soft tissue in the lips and brows, and chemical peels have also increased in popularity.

There may be instances in which non-medical licence holders perform minimally invasive procedures. In such situations, a state’s laws regarding medical malpractice may not apply. Always contact a state-licensed attorney to learn about your legal rights and available remedies.

How Common Is Medical Malpractice in Cosmetic Surgery?

When outcomes are as anticipated, patients may lead beautiful and fulfilling lives. When plastic surgery goes wrong, it is difficult for a patient to receive the compensation they deserve. Medical malpractice claims can be among the most difficult to prove, and juries can be indifferent when elective cosmetic surgery is involved.

Medical malpractice claims in cosmetic surgery can be supported by the same grounds as claims in other areas of medicine. For instance:

  • Insufficient informed consent
  • Surgical site infections
  • Complications resulting from anaesthesia
  • a surgical procedure on the incorrect body part

In addition to unlicensed, inexperienced, and unskilled surgeons, unlicensed, inexperienced, and unskilled surgeons also result in medical malpractice claims. A common basis for malpractice claims is negligence, such as leaving surgical instruments in body cavities.

Injuries resulting from cosmetic surgery may be more visible than those resulting from other types of medical malpractice. The emotional distress claim of a patient with facial nerve damage is likely to be stronger than that of a patient with nerve damage in less visible areas of the body.

Is Medical Malpractice More Difficult To Prove in Cosmetic Surgery Cases?

Medical malpractice claims against plastic surgeons are fairly prevalent. Each year, thirteen percent of plastic surgeons are sued for medical malpractice.

Some data indicate that plastic surgeons are more likely than their patients to prevail in medical malpractice lawsuits. However, jury awards to successful claimants exceeded $1 million.

In cosmetic surgery cases, establishing the standard of care and avoiding jury bias are unique challenges. Since cosmetic surgery is a specialty, it is more difficult to locate the type of expert witness required to establish the medical standard of care. Overall, cases with expert testimony at trial have a significantly greater chance of success than those without.

The issue of jury bias appears to be raised by the malpractice claim and the type of damages sought. Cases alleging negligent misrepresentation had nearly twice the likelihood of being resolved in favour of the injured party among all breast augmentation surgery claims. Similarly, cases in which the plaintiff claimed pain or emotional distress have a greater likelihood of being resolved in favour of the injured party.

A Personal Injury Attorney Can Explain Your Legal Rights

If you underwent a botched cosmetic surgery or minimally invasive cosmetic procedure, you may be entitled to compensation. To maximise your chances of success, you will need a medical professional and an experienced attorney. Contact an attorney for personal injury immediately to learn about your legal rights.

Contact Our Personal Injury Law Firm

Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.

Abrams Law Group
104-70 Queens Boulevard, Suite 502
Forest Hills, NY 11375
(718) 997-9797

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