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Can I File a Medical Malpractice Lawsuit for Cosmetic Surgery Errors?

medical malpractice lawsuit

As in all medical malpractice cases, a disappointing outcome is not enough to classify as medical malpractice. When cosmetic and elective procedures cause harm due to negligence, however, the plastic surgeon may be held responsible through a medical malpractice lawsuit in civil court.

When can a medical malpractice lawsuit be filed for cosmetic surgery errors?

When going into surgery, patients must be informed about the risks and dangers linked to the surgical procedure. Surgeons must also carefully assess the patient’s past and current family health and medical histories, medications and use of alcohol and tobacco. In the case of cosmetic surgeries, the physician should also have a clear understanding of the patient’s desired aesthetic outcome. In most cases, a competent medical team informs the patient of common risks associated with the procedure and carries out a successful surgery and post-operative care.

In some cases, though, a surgeon or medical team fails to provide a reasonable standard of skill, care or treatment; leading to surgical errors and possible permanent injury or death. When a physician performs in a way that doesn’t match the accepted medical standards that a reasonable plastic surgeon would provide under similar circumstances, he may have committed medical malpractice.

The most common risks for cosmetic surgeries include:

  • An allergic reaction/complications from anesthesia
  • Infection
  • Nerve damage
  • Scarring
  • Hematoma or blood clotting
  • Restricted oxygen supply resulting in death of tissue (necrosis)
  • Harmful drop in blood pressure
  • Severe complications that lead to death or permanent injuries

Challenges for medical malpractice lawsuits for cosmetic/elective surgeries

When a medical malpractice lawsuit goes to trial, a medical malpractice lawyer must rely on a sympathetic jury to win damages for their client. In the case of elective surgeries this can prove difficult as jurors are prone to taking a position that there was no reason for the victim to have undergone the surgery in the first place or that the injury wouldn’t have happened had the person not been so vain.

A good medical malpractice lawyer is imperative to negotiating a good pre-trial settlement or overcoming these types of prejudices should the case go to trial.

Cosmetic surgery errors have the potential to leave a patient with lifelong pain and complications including multiple corrective surgeries, scarring and other disfigurement, chronic pain, lost income and psychological damage. If you have been seriously harmed or injured as a result of a cosmetic procedure, contact a medical malpractice attorney today. He or she will fight for damages to compensate you for your suffering. Personal injury laws stipulate a statute of limitations for medical malpractice lawsuits – a time from the date of the injury within which a lawsuit must be filed. In Washington State the statute of limitation is three years.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.