Is Botched Plastic Surgery Medical Malpractice?
Many people confuse plastic surgery with cosmetic surgery. Cosmetic surgery is an elective procedure done to enhance a person’s physical appearance, while plastic surgery is a procedure to reconstruct a person’s face or body due to an injury or birth defect of some kind.
Because plastic surgery is not an elective procedure, but one done to correct physical damage, it is often required to maintain the health and wellbeing of someone who has suffered an injury. When a surgeon is negligent and makes a mistake during the procedure that another competent surgeon would not have made, you may have cause to file a medical malpractice claim.
Examples of Medical Malpractice in Plastic Surgery
If you’ve undergone a plastic surgery procedure, how can you tell whether what’s happened to you is a common risk of having the surgery done or an example of medical malpractice? The best way to differentiate the two is if we can establish whether the surgeon made a mistake another surgeon would not have made. This is known as medical negligence.
Some instances in which medical malpractice might apply could involve the surgeon leaving an instrument inside of your body after completing the procedure. The item might not have been discovered until a later date, when your body began to reject it.
Another could be a surgeon making a mistake he or she wouldn’t have made if he or she had had the experience and skill necessary to perform such a procedure.
In any case, when you are undergoing a procedure that should be helping you, the last thing you need is to suffer more due to the careless or reckless behavior of your plastic surgeon. You trust that doctors know what they are doing and will ensure your safety.
Damages You Can Expect to Recover
In your medical malpractice claim, you should be able to recover damages for every area of your life that has been affected by the injuries that stem from the plastic surgery error that harmed you.
If you are going to be out of work and have lost wages, or if you will not be able to continue working and will need to leave the workforce entirely, you’ll be entitled to the loss of future earning potential. Any medical expenses that are directly related to this error will also be covered in your claim.
Non-economic damages like pain and suffering, loss of consortium, mental anguish, and the loss of enjoyment of life should also be considered when negotiating with the insurance company.
Some of the most severe cases can lead to an award of punitive damages if the error is so egregious or malicious that the court determines a punishment for the behavior is necessary. Punitive damages often substantially raise the awarded amount in a medical malpractice claim, but they are capped.
Contact an Austin Medical Malpractice Lawyer
When you believe that an error by your plastic surgeon or his or her staff has caused you harm, reach out to an experienced Austin medical malpractice lawyer from the Colley Firm, PC as soon as possible to obtain the compensation you need to finally move forward. Simply give us a call at 1-877-411-2001 or fill out the contact form at the bottom of this page to schedule your free, no-obligation consultation today.