Plastic surgery, also commonly known as cosmetic surgery, is a broad medical term that refers to a type of medical surgery for the purpose of physical enhancement or for aesthetic purposes. However, the term plastic surgery also includes many medical procedures that involve restructuring or reshaping body parts in order to return to the normal physical functioning of the body part.
For example, receiving plastic surgery for a nose job may both improve the patient’s physical appearance and help them function normally by increasing their ability to breathe better.
Although the term plastic surgery includes the word plastic, plastic surgery generally does not always involve the use of plastic materials during the surgical procedure. Rather, the term plastic refers to the act of shaping or molding, such as when bodily structures are reshaped through surgical procedures. Examples of common plastic surgery procedures include:
- Reconstructive Plastic Surgery: Reconstructive plastic surgery refers to medical operations that are commonly used to restore function to the face or other areas of the body after an accident or to correct birth defects;
- Skin Grafts: Skin grafts are medical procedures that are frequently used to close wounds from burns or other injuries;
- Cosmetic Procedures: Cosmetic procedures are the most commonly understood type of plastic surgery that includes augmentation or reduction of body parts, fluid or lip injections, and fat reduction.
What Types of Injuries Can Occur with Plastic Surgeries?
There are numerous different types of injuries related to plastic surgeries that can occur. In fact, cosmetic surgery malpractice or cosmetic surgery negligence cases often occur when a patient is undergoing a cosmetic surgery procedure, and the surgeon or medical facility that performs the surgery commits a careless or negligent act that results in an injury to the patient.
For example, an individual may receive lip injections, and the facility utilizes expired collagen or dirty needles to administer the injections. In this case, the patient may be personally injured as a result of the procedure. Examples of injuries that are commonly associated with plastic surgery include, but are not limited to:
- Injuries from Mistake or Error: Injuries from mistake or error can occur if the operating physician or medical staff have failed in their duty of care to the patient during the operation.
- For example, operating on the wrong bodily area or failing to maintain and properly perform sanitation measures;
- Reopening of Incisions: Reopening of incisions is a personal injury that can occur over time as the body adjusts to the newly remolded areas.
- It is important to note that drastic weight loss or weight gain can contribute to re-openings, which may lessen the medical professional or medical staff’s share of negligence;
- Leakages: When there is a procedure that involves the implantation of synthetic substances, such as breast implants or collagen injections, those substances can sometimes leak into adjacent areas;
- Botched Plastic Surgery: Besides physical injuries resulting from plastic surgery, some medical malpractice claims result from a misrepresentation or not completing the surgical procedure within the expectations of the patient.
- In fact, false advertising and unrealistic expectations are often grounds for a lawsuit for medical malpractice;
- Complications with Original Injuries: Since reconstructive plastic surgery is commonly used to treat other personal injuries, the procedures can sometimes result in complications during the healing process, which may also exacerbate the original injury.
What Is Needed to Prove Plastic Surgery Medical Malpractice?
As mentioned above, in order for an injured party, known as a plaintiff, to recover for their injuries that resulted from plastic surgery malpractice, a plaintiff must prove all of the elements for medical malpractice in their respective state.
Specifically, medical malpractice is a negligent act that occurs when a medical professional, such as a pharmacist and/or a healthcare organization, falls below the standard duty of care that is required of them when they are managing, diagnosing, and/or treating their patients.
Although the exact legal elements required to prove medical malpractice differs by state, in general, all of the following elements must be proved by a plaintiff in order for them to recover for medical malpractice:
- The person or party responsible for the medical malpractice owed the patient a duty of care that they failed to meet;
- The medical malpractice caused an actual injury, resulting in actual damages to the patient in some way;
- The damages that were caused by the medical malpractice can be calculated into a specific monetary amount; and
- The injury to the plaintiff did not exist prior to the medical malpractice occurring.
It is important to note that the deviation from the standard duty of care by the medical professional must result in an actual injury to the patient in order for it to be considered medical malpractice. Since plastic surgeons are considered to be medical specialists, they are assumed to have a duty of care to practice according to the standards of the field of plastic surgery.
Therefore, the most difficult element to prove in a plastic surgery malpractice lawsuit is that of causation, i.e., that the surgeon’s acts actually caused the injuries. In general, in order to prove that a medical professional fell below their standard of care, testimony from another expert witness who is a medical professional is often necessary.
Another issue with proving plastic surgery injuries is that plastic surgery procedures often involve several personnel, such as nurses, other doctors, and administrative staff. Also, plastic surgery injuries often do not manifest until much later after the procedure, in some cases many years later. However, some cases involving plastic surgery, such as unlicensed plastic surgery, are much easier to prove.
What Are the Remedies for Plastic Surgery Malpractice?
In a plastic surgery medical malpractice case, the legal remedies granted by the judge or jury generally consist of a monetary damages award, which is paid by the party responsible for the plaintiff’s damages to the plaintiff. This damage award is a specific monetary amount that is intended to reimburse the plaintiff for any losses that they suffered as a result of the medical malpractice occurring.
There are many different types of damages that are available in a plastic surgery medical malpractice case, including:
- General Damages: General damages are damages that are given to compensate the patient’s costs that resulted from the medical malpractice incident. Examples of common general damages include, but are not limited to:
- Loss of enjoyment of life caused by the medical defect;
- Mental or emotional suffering;
- Loss of future earning capacity due to the medical defect;
- Special Damages: Special damages are damages that generally include a plaintiff’s past medical expenses, lost wages, as well as their future medical bills and expenses;
- Punitive Damages: In especially serious cases, a plaintiff may also recover punitive damages if the doctor’s act was willful and malicious.
- For instance, if the doctor knew or should have known that an injury would result from their actions or lack of action, then punitive damages may be available.
- It is important to note that the availability of punitive damages varies from state to state.
Because non-economic damages are subjective, they vary from case to case and are subject to strict guidelines that are determined by the jurisdiction where the case is brought. In general, non-economic damages are also subject to a statutory damage cap. Damage caps are limits on medical malpractice award amounts. These damage limit caps vary by state.
For instance, in California, there is a $250,000 limit for non-economic damages claimed by the plaintiff, while in Michigan, the upper limit damage cap is $842,500 for non-economic damages.
Do I Need a Lawyer for Plastic Surgery Malpractice?
You might have experienced an injury as a result of plastic surgery medical malpractice and wish to pursue a civil lawsuit against the physician, medical staff, facility, or party that is responsible for your damages. If so, it is in your best interests to consult with an experienced personal injury lawyer as soon as possible.
An experienced personal injury lawyer will be aware of your state’s specific laws on plastic surgery medical malpractice and any damages caps that may be present in your state’s laws. Finally, an attorney will also be able to initiate a civil lawsuit against the party responsible for your injuries and represent you in court, as needed.
