Cosmetic surgeons can be sued for medical negligence like any doctor, but the elective nature of cosmetic surgery makes it more difficult for you to bring a medical negligence claim successfully. Our RMB Compensation division explains.
Medical negligence occurs when the conduct of a medical professional does not meet the appropriate standard of care and a patient suffers injury or loss as a result.
Some common reasons for suing a cosmetic surgeon include the surgeon performing a procedure without the requisite qualifications or training; using inadequate surgical equipment; performing surgeries outside of hospitals/clinics; infections from poor operation room sanitation; improper use of cosmetic surgery drugs like botox/disport; failing to take the patient’s full medical history; failing to obtain a patient’s informed consent; and failing to provide clear pre-operative and post-operative instructions and care.
In order to receive compensation, you must be able to prove that the surgeon owed you a duty of care; your cosmetic surgeon breached this duty of care by acting negligently or failing to act reasonably; and that you sustained a significant injury as a result.
The types of compensation to which you may be entitled to can include past loss of income if you’ve lost time off work; medical expenses; domestic assistance; for your pain, distress and loss of enjoyment of life; and for future losses if your injuries affect your ability to work into the future, you have ongoing medical and treatment expenses or you continue require care in and around the home.
RMB Lawyers instructed by a female client in connection with a claim for damages arising out of a breast augmentation surgery performed by a cosmetic surgeon.
The surgery went well. However, post operatively, due to her lax skin, one implant “bottomed out” leaving her with grossly uneven breasts and nipples.
The surgeon had not discussed with his patient the option for breast lift surgery or nipple resizing/reshaping as part of the breast augmentation procedure. The suitability of the implants used was also an issue.
Our client raised her concerns with the surgeon who immediately agreed to re-operate at no additional cost. However, she had lost confidence in him as a surgeon.
RMB engaged appropriate experts and negotiated with the surgeon’s insurer. The matter quickly settled out of Court for $60,000 which covered the cost of the initial surgery, the revision surgery performed by another surgeon and legal cost.
If you've had a cosmetic procedure go wrong, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.