Medical Malpractice in Cosmetic Surgery: A Growing Concern

Medical Malpractice in Cosmetic Surgery: A Growing Concern

If you want to change your looks fast and more permanently, you may need to look beyond daily makeup sessions and consider cosmetic procedures involving body modifications. 

These procedures have seen an increase in demand in recent years, as social media has shifted expectations of appearances. While most procedures are uneventful and successful, there are cases where things go wrong due to medical malpractice. 

These incidents are becoming a growing concern in Connecticut and other states, and understanding the risks can help you steer clear of them.

Understanding Medical Malpractice in the Cosmetic Industry

Medical malpractice occurs when a healthcare provider, such as a doctor, surgeon, nurse, or pharmacist, deviates from standard practices, resulting in harm to a patient. Liability can, in some cases, fall on the hospital or organization. 

Surgeons might make errors due to fatigue or oversight while performing procedures like liposuction, breast augmentations, or rhinoplasties. There are also cases where improper sterilization leads to severe infections or incorrect procedures that end with life-altering consequences.

As cosmetic surgeries increase in popularity and diversity, patients must remain vigilant about potential dangers linked to practitioner negligence and make wise decisions.

Key Components of a Successful Medical Malpractice Lawsuit in Cosmetic Surgery

Negligence forms the backbone of any medical malpractice suit. This legal concept has four essential elements that must be present if you are to recover compensation for harm suffered in a botched procedure: duty of care, breach of duty, causation, and harm. 

To illustrate, consider a case where a cosmetic surgeon performs an incorrect procedure that leads to severe disfigurement. In this case, the duty of care is established because the surgeon must perform the surgery within industry standards of care.

If this responsibility is not fulfilled due to professional oversight or error, the person can be said to be in breach of duty. Causation is the element linking the breach to the harm, for example, where poor sterilization results in an infection.

The last element, harm, refers to the compensable damages suffered by the victim, which include economic and non-economic damages.  “Every step in handling a claim—from identifying negligence to arguing harm—is crucial in ensuring justice for patients,” says attorney Russell Berkowitz of Berkowitz Hanna Malpractice & Injury Lawyers.

Steps to Take After Suffering Harm in a Cosmetic Procedure

If you suspect you have suffered harm due to a cosmetic procedure, it is essential to act promptly. Start by gathering and preserving all pertinent evidence—this includes medical records, photographs of your injuries, and logs of any interactions with healthcare staff. Keep a meticulous log of related expenses and their impact on your physical and emotional health.

Next, consider filing a formal complaint with the medical board overseeing your provider; this not only highlights the issue but also bolsters your legal position. Be mindful of Connecticut’s statute of limitations for malpractice claims—it is critical not to miss these deadlines.

Engage an experienced attorney early in the process. A skilled lawyer can guide you through steps like mediation or direct settlement talks with insurance companies. If amicable resolutions fail, your attorney will be invaluable in litigating your case effectively in court.

Preventing Harm in Cosmetic Procedures

While you may recover compensation for harm suffered in a procedure, you do not want to take chances when seeking services because some errors can turn your life upside down, and no amount of compensation would be enough to turn that around. So, diligence is key to sidestepping potential pitfalls in cosmetic surgery. 

Start by thoroughly vetting potential surgeons. Check their credentials, board certifications, and track record of success. Reviews and past patient testimonials can provide additional insights into their practice.

Also, don’t rush it; having the right information helps you make decisions aligned with both your health interests and aesthetic goals, significantly reducing the risk of complications or dissatisfaction.