You may think that because cosmetic surgery is elective surgery, obtaining compensation for an injury that occurs during this type of surgery will be difficult. While this can be true in some cases, medical professionals who perform cosmetic surgeries must abide by the same standard of care as any other medical professional out there.
The difference in a medical malpractice case that involves a cosmetic surgery will be determining when negligence has occurred, because the line may be harder to draw in some circumstances. In cosmetic surgery, a patient may expect a certain outcome from the procedure, but that outcome is not always promised. When the outcome isn’t as expected, this doesn’t necessarily mean malpractice has occurred.
A Nashville personal injury lawyer explained the fragile boundary in cosmetic surgery malpractice cases. He says, “most warranted cosmetic medical malpractice cases will involve botched surgeries, post-operative infections, anesthesia complications, or the negligent injection of drugs. If you receive a breast augmentation and you experience side effects that you were warned about or you don’t like your post-op appearance, these factors can’t be considered malpractice.”
Challenges in Winning a Cosmetic Surgery Malpractice Case
Hiring an experienced attorney for your medical malpractice case will be important if your case involves an elective surgery because the odds will be against you in the courtroom. The judge and the jury may have it in their minds that you didn’t need the surgery, so you put yourself in harm’s way from the beginning.
Biased jurors may choose to punish you for being vain or spending your money on this surgery. People in the courtroom may also question your lack of judgment in picking a qualified surgeon. Ultimately, they may not have as much sympathy in your case as they would in other medical malpractice cases.
You Still Deserve Proper Compensation
Regardless of why you received the surgery, you should never experience mistreatment of any kind when going under the knife. As long as you truly did experience negligence of some sort by your surgeon or another medical professional or organization involved in your procedure, you deserve compensation for the injuries you’ve suffered.
Under the law, medical malpractice remains the same regardless of the procedure being done. When a medical professional deviates from the regular standard of care they would give other patients and causes injury or harm because of it, they’ve broken the law.
Testimony from another qualified doctor, as well as your medical records, can help prove negligence on behalf of the person or people who caused you harm. Even if your trial is more complex due to the fact that your surgery was elective, don’t let that deter you from seeking the recovery you need and deserve.