How The Legal System Can Help Plastic Surgery Gone Wrong
Breast augmentations, liposuction, and rhinoplasty were the most common plastic surgeries performed in 2018. With more than 1.8 million plastic surgeries completed that year, it’s expected that some of those surgeries lead to unexpected results.
In addition to unexpected results, plastic surgeries can lead to infections and tissue death. Not every patient knows the importance of choosing a board-certified plastic surgeon. Some surgeons are board-certified in other areas, so their skills and training are not the same as an American Society of Plastic Surgery Member Surgeon. If you’ve chosen the wrong doctor and you’re the victim of a botched plastic surgery, talk to a personal injury attorney for advice.
When plastic surgery goes wrong, people don’t realize that the legal system can help. After all, the paperwork you fill out shows the risks. Yes, there are risks to any surgery. However, plastic surgeons also have responsibilities to protect patients and avoid negligence. If they are negligent, the legal system can step in and help patients who are disfigured or injured by a botched plastic surgery file medical malpractice complaints.
Real Stories of Botched Plastic Surgeries
A New York woman saw a plastic surgery for a breast augmentation and tummy tuck. On her medical chart and in her discussions with the surgeon, she opted for silicone implants of 225 to 250 cubic centimeters. After the surgery, she found packaging alleging that the surgeon inserted much larger implants instead. When she asked, the surgeon said the larger size was simply due to swelling. Since the surgery, she’s experienced complications.
A popular Texas plastic surgeon known for his Mommy Makeovers is the focus of complaints from more than a dozen patients. Following their surgeries, they ended up with infections. One of the patients found her breast leaking fluid and was having severe pain. After several visits to her plastic surgeon, she discovered she had MRSA and E. coli infections that led to another surgery to remove the implants.
One of the better known recent cases happened in Miami. The Florida Health Department charged a plastic surgeon with malpractice after a woman died following a Brazilian butt lift procedure. Another woman experienced a MRSA infection following the procedure.
How Can the Legal System Help You?
Medical malpractice cases cover several aspects that correlate to a botched plastic surgery. One of them could apply to your specific case. As each case is different, you should talk to a lawyer to see if any of the criteria for medical malpractice fit your experience. These are the main criteria for medical malpractice.
#1 – The Surgeon Fails to Notify You of the Risks
Before the surgery, a plastic surgeon is supposed to discuss all risks. You should be given time to consider the risks before actually undergoing the procedure. Common risks include tearing the incision open if you don’t rest, reaction to anesthesia, and infection that requires immediate treatment.
#2 – The Surgeon Makes an Error During the Procedure
In the Brazilian butt lift case, the procedure involves drawing fat from another area of the body. That fat is then processed to be injected into the posterior to add volume. In this case, the surgeon missed the correct area for the additional fat cells and injected the fat into an artery. The clumps of fat traveled to the lungs and heart causing the woman’s death. The surgeon made an error when he hit that artery.
Infections are another error. In the Texas case, the woman with the leaking breast said the plastic surgeon stitched up the leak without using sterile gloves. The lack of sterile practices is a surgical error.
#3 – The Surgeon Fails to Make a Proper Diagnosis
Before agreeing to perform plastic surgery, the surgeon should read over medical records and take a thorough medical history. If he or she fails to do that or misreads test results or notes from other doctors and something happens, it’s grounds for a medical malpractice suit.
Prior to any surgery, the surgeon must know your health history and potential complications. Those complications must be discussed as risks of the surgery. In some cases, those complications could lead to the surgeon refusing to do the surgery.
#4 – A Medical Professional Makes an Error With Medications
If the plastic surgeon prescribes the wrong medication or wrong dosage, it’s medical malpractice. The same could be said of a pharmacist who dispenses the wrong medication or dosage. If a nurse gives the wrong medication or dosage, that also counts as medical malpractice.
CZR holds the honor of having the most trial wins in California. We’ve won more than $1.5 billion in restitution for our clients. Find out what your options are following a botched plastic surgery. Call us at 888-CZR-FIRST.
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