When Is Failed Plastic Surgery Considered Malpractice?

Medical malpractice occurs when a healthcare professional fails to provide care that meets the accepted standard within their field, causing harm to the patient. In plastic surgery, this means the surgeon must have deviated from the standard practices expected of a competent plastic surgeon, and this deviation must have directly caused injury or harm.

Elements of Medical Malpractice

For a failed plastic surgery to be considered malpractice, four key elements must be established:

Duty of Care

The plastic surgeon owed the patient a duty of care, meaning they were responsible for providing treatment consistent with medical standards.

Breach of Duty

The surgeon must have breached this duty by failing to meet the standard of care. This could involve making an error during surgery, providing poor preoperative or postoperative care, or failing to properly assess the patient’s suitability for surgery.

Causation

The breach of duty must be directly linked to the harm or injury suffered by the patient. It is not enough for a surgery to fail or have a poor outcome; the harm must be caused by the surgeon’s negligence.

Damages

The patient must have suffered measurable damages, whether physical, emotional, or financial, as a result of the surgeon’s actions.

Common Examples of Plastic Surgery Malpractice

Not every unsatisfactory result qualifies as malpractice. However, some common situations where plastic surgery errors may lead to malpractice claims include:

Surgical Errors

Mistakes made during the procedure, such as cutting nerves, damaging tissues, or improperly placing implants, which can lead to serious complications. These errors may result in deformities, nerve damage, or long-term health problems.

Anesthesia Errors

Errors related to anesthesia, such as administering too much or too little or failing to monitor the patient properly, can lead to serious complications or even death.

Poor Preoperative Evaluation

A thorough evaluation of the patient’s health, medical history, and suitability for surgery is crucial. If a plastic surgeon fails to assess risk factors like heart disease, diabetes, or skin conditions, complications can arise during or after surgery. Not recognizing these issues could be considered negligence.

Lack of Informed Consent

Surgeons are legally required to inform patients of the risks and potential outcomes of a procedure before surgery. If a patient was not adequately informed and suffers complications or an unsatisfactory outcome, they may have grounds for a malpractice claim. Informed consent involves discussing all risks, including those specific to the patient’s health profile.

Postoperative Care Failures

Postoperative care is essential to recovery. If a surgeon fails to provide adequate follow-up, monitor for infections, or address complications in a timely manner, the patient could suffer unnecessary harm, which may be considered malpractice.

When are Poor Results Not Considered Malpractice?

Not every undesirable outcome from plastic surgery qualifies as malpractice. Dissatisfaction with aesthetic results, such as feeling that a nose job, facelift, or breast augmentation didn’t meet expectations, does not automatically equate to negligence. Plastic surgery carries inherent risks, and some outcomes, such as scarring or asymmetry, may occur even when the surgeon adheres to the standard of care.

In many cases, patients sign consent forms acknowledging these risks before the procedure. Unless there is clear evidence of negligence, dissatisfaction alone is not enough to support a malpractice claim.

Legal Steps for Victims of Malpractice

Patients who believe they have been victims of plastic surgery malpractice can pursue legal action by filing a malpractice lawsuit. Compensation in these cases may cover medical expenses for corrective surgery, lost wages, pain and suffering, and emotional distress.

Discover when failed plastic surgery is considered malpractice, the legal criteria for negligence, and how to seek compensation for surgical errorsAn experienced White Plains medical malpractice lawyer can help you determine whether your case meets the necessary criteria and ensure you recover the compensation you deserve. Call (914) 993-0393 or message us online to arrange a free consultation today.