Can I Sue For Plastic Surgery Errors?
Plastic surgery is one of the most misunderstood surgical specialties. Here are some common myths and misconceptions:
- Plastic surgery is always elective rather than medically necessary
- Most insurance plans do not cover plastic surgery procedures
- Patients cannot sue for plastic surgery errors
- Malpractice laws do not apply to mistakes made by plastic surgeons
None of the above statements are true.
Many plastic surgery procedures are medically necessary and are covered by insurance. And, when things go wrong, you can sue the surgeon, anesthesiologist or hospital for plastic surgery errors.
Here is an overview of what you need to know about plastic surgery.
All Plastic Surgery is Not Cosmetic
Many people associate plastic surgery with strictly cosmetic procedures, but this is not the case. While it can improve appearance, plastic surgery also corrects disfigurement caused by accidents, disease or birth disorders.
Reconstructive plastic surgery is often performed on patients with physical abnormalities caused by serious car accidents or infections. For cancer patients, removing a malignancy often necessitates reconstructive plastic surgery, especially with breast cancer. This type of surgery is also used to correct developmental or birth anomalies.
While reconstructive surgery is usually done to improve function, it often improves the patient’s appearance as well.
Here are some examples of reconstructive plastic surgery that is considered medically necessary:
- Plastic surgery performed on the skin to repair damage from burns or skin cancer, or to improve the appearance of scars or disfiguring birthmarks
- Maxillofacial plastic surgery performed on the facial skeleton to improve medical disorders of the jaw and sinuses
- Plastic surgical procedures to correct or birth defects such as cleft palate, cleft lip or misshapen ears
Cosmetic Surgery
Patients usually undergo cosmetic surgery, also called aesthetic surgery, to improve or enhance some part of their body. Typically, cosmetic surgery is elective rather than medically necessary. Therefore, cosmetic procedures are not covered by most insurance policies.
There are some exceptions, where patients receive an improved cosmetic result from a procedure that was done for medical reasons. Examples are correcting drooping eyelids to improve a patient’s vision, or performing a breast reduction to alleviate back pain.
Who is Responsible for Plastic Surgery Errors?
Basically, patients face the same risk of mistakes or negligence by their doctors as they face when undergoing any type of surgery. Further, plastic and cosmetic surgeons are bound by the same duty of care as all physicians. All patients are entitled to a certain established standard of care, whether a procedure was elective or necessary.
The guidelines for all medical malpractice lawsuits, including plastic surgery errors, are the same. The patient must prove they suffered injury or harm that was caused by a doctor’s negligence or medical error. This applies to surgeons, anesthesiologists or other members of the medical team. A hospital or surgical center may also be sued for faulty equipment or dangerous or unsanitary conditions.
If you or a loved one has suffered harm, physical or emotional, because of a plastic surgery error, call us. Our lawyers have the knowledge and experience needed to win even the most challenging malpractice cases. If you are the victim of medical malpractice, we won’t stop until 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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