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Can I Sue for Plastic Surgery Gone Bad?

By Ephrat Livni, Esq. | Last updated on

If you have had cosmetic surgery and something went wrong, you can sue your surgeon, and possibly other parties. Personal injury suits based on medical malpractice are quite common, and you will certainly not be the first person unhappy with the results of your surgery.

But note that proving personal injury is not easy, and it's not a basis for unhappy customers to sue because they don't like their new look. It is only a basis for suit if there is actual injury that resulted from the defendant's negligence. So, let's take a look at what are some things that can go wrong in cosmetic surgery and what you will have to do to prove medical malpractice.

Plastic Surgery Problems

There are a number of common problems associated with surgery, whether cosmetic or otherwise. First, infections occur and can get so severe as to be deadly. Second, being under anesthesia is dangerous and associated with numerous complications. Third, any surgery runs the risk of damaging nerves or organs.

Then there are some complications that are peculiar to cosmetic surgery, and quite common. Hematomas, for example, are collections of blood vessels that often occur after face-lifts or breast augmentation procedures and manifest as bruised-looking skin in the affected area.

Seroma is another blood pooling problem that occurs after cosmetic surgery, particularly tummy tucks. Seromas cause swelling, pain, and infection, and sometimes have to be drained by a doctor with a needle.

Medical Malpractice Suit

If you experienced any of the above complications or another associated with your surgery, you may sue for medical malpractice. Your lawyer will have to show that your surgeon -- and possibly the staff and the hospital or clinic -- was negligent in your treatment.

In other words, you will have to prove the elements of negligence, which are divided into four separate categories that must each be shown for a claim to succeed -- duty, breach, causation, and harm (or injury). Your lawyer will need to show that the surgeon breached their duty of care to you and that this deviation caused you an injury. The injury must be the result of the breach of the duty.

Consult With Counsel

Medical malpractice suits can be quite complex and you will definitely need expert help if you are going to sue your surgeon. Speak to an attorney.

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