Plastic Surgery Gone Wrong: What Are Your Rights?
Many people associate plastic surgery with wealthy individuals hoping to achieve the perfect body or reverse the aging process. On the contrary, plastic surgery is more often performed to correct defects caused by illness, trauma or birth injuries. But what happens when you’re dealing with plastic surgery gone wrong? Unfortunately, surgeons sometimes make mistakes that cause lasting damage to their patients. In those instances, victims of surgical errors have rights, whether the procedure was elective or medically necessary. Here are the answers to some commonly asked questions when plastic surgeries have gone wrong.
When plastic surgery goes wrong, can I sue for malpractice?
Plastic surgeons are held to the same standard of care as all physicians and medical care providers. When a doctor breaches this obligation, and the patient suffers harm as a result, there may be grounds for a malpractice lawsuit.
However, every doctor who makes a mistake is not necessarily negligent. Typically, a surgeon’s actions are measured against what another doctor in the same specialty would do under similar circumstances. While this may sound simple, it’s a complex legal process best handled by an experienced medical malpractice attorney.
Plastic surgery gone wrong: How do I prove my surgeon was negligent?
In an Illinois malpractice lawsuit, the plaintiff has the burden of proof. This means providing extensive medical documentation proving the doctor’s actions directly caused you harm. In addition, you must provide expert witness testimony from other plastic surgeons who perform similar procedures.
How long do I have to file a lawsuit?
The time limit for filing any lawsuit is called the “statute of limitations.” In Illinois, victims of medical malpractice generally have two years from the date they discovered, or should have discovered, the harm or injury. However, a plaintiff must file a claim no longer than four years from when the malpractice occurred. This deadline applies regardless of when the person discovered the malpractice. For minors, the statute of limitations is longer.
Nonetheless, you are better off filing your claim as soon as possible rather than waiting until the time limit is about to expire.
Am I entitled to sue when cosmetic surgery goes wrong?
Whether you have grounds for suing a cosmetic surgeon depends on the individual situation. You may be displeased with the cosmetic result of a procedure, but this doesn’t automatically justify a malpractice claim.
However, some patients develop serious complications because a doctor or nurse was negligent. In these cases, the victim may be entitled to file a lawsuit, depending on the severity of the condition.
Here are some examples:
- Post-operative infections
- Anesthesia complications
- Nerve damage
- Excessive scarring
- Necrosis (tissue degeneration caused by insufficient supply)
In addition, the following elective plastic surgery procedures have certain inherent risks:
- Liposuction (skin numbness, fluid loss, bruising)
- Rhinoplasty (nosebleeds, numbness, difficulty breathing)
- Eyelid surgery (retinal detachment, inversion of the lower lid)
- Facelift (facial nerve injury)
- Breast augmentation (complications from silicone implants)
Consequently, surgeons should take a complete medical history and explain potential risks before performing any procedure.
If you or a family member is suffering from plastic surgery gone wrong, contact us as soon as possible. Our experienced team of medical malpractice attorneys will help you receive the compensation you and your family deserve.
Medical malpractice law is complicated, but finding the right lawyer is simple.
Call 1-800-MALPRACTICE today for a free, no-obligation consultation.
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