According to Daily Mail, more than 15 million people in the world have plastic surgery each year. More than 20 million plastic surgery establishments exist, and people opt for various or multiple medical procedures. Plastic surgery and cosmetic improvements have become commonplace for celebrities and citizens alike. One person may get plastic surgery to defy the aging process, and another person may get plastic surgery to get rid of an undesired nose.
Some people get plastic surgery because they survive accidents that alter the way they look. They hire specialists to try to reconstruct their faces or bodies. What happens when those surgical procedures are mistaken, and someone suffers disfigurement or an undesirable facial expression? What happens when someone’s plastic surgery procedure causes that person to develop a severe medical condition such as a skin infection? Victims of such surgery may be able to find recourse with a malpractice attorney. All doctors are supposed to adhere to a certain standard when they do their work. Therefore, an injury victim should contact a reliable attorney as quickly as possible.
The Necessity for an Attorney
Cosmetic surgery is a tricky area because it’s a voluntary process. Most patients give cosmetic surgeons their full approval to perform surgical procedures on their faces. Another reason that plastic surgery cases are tricky is that many practitioners inform their patients of the dangers of such methods before they happen. What constitutes malpractice in a cosmetic surgery procedure? How can a victim get compensation for injuries that he or she sustained at the hands of an individual who was supposed to improve his appearance? One can use the basis of other tort laws to examine the validity of a cosmetic surgery injury. In other personal injury cases, the victim must prove that:
- An injury occurred during or as a cause of the procedure;
- The defendant was obligated to make sure the victim did not suffer harm or significant damage;
- A breach of duty caused the accident or incident;
- Negligence led to that injury;
One can examine the same checklist for a cosmetic surgery suit. However, the victim will need to show how the cosmetic surgery resulted in an injury. Let’s take a cinema example most people know about. The writer of the classic movie “Batman” (1989) approached the dark subject of cosmetic surgery for the Joker’s character. The plastic surgeon in the film was trying to restore his face after he survived a bullet to the facial area and an almost fatal fall into a vat of acid. The surgical procedure was supposed to help, but it ended up giving him a permanent figure that he didn’t want. Similar surgeries do occur in real life, and the victims can receive compensation with an experienced attorney on their side.
Negligence in Performance
Negligence in performance occurs when a cosmetic surgeon does not provide services that he advertises or expresses. If most of the “before and after” pictures show perfect results, but the surgery of the victim goes anything but flawless, the person may have a claim for malpractice. Practice and theory are two different things, and it is important to work with a doctor that validates his procedures, uses high-quality tools and has previous experience in the area.
Negligence in Notification
Negligence in notification occurs when a plastic surgeon does not inform a patient of the possible effects of the surgery he desires. Usually, medical professionals are practically forced to provide such details. However, failure to do so does occur from time to time, and it is considered neglect. The victim and the attorney are responsible for proving that such a mishap occurred.
Percentage of Fault
Percentage of the fault may pertain to a plastic surgery case. The offender may try to say that the victim was partially guilty for the incident. If that happens, the victim may have a settlement deducted by the percentage of fault he or she has in the case.
Compensatory Damages and Pain and Suffering
A medical malpractice attorney will try to get two types of settlements for the victim. The first kind is called compensatory damages, and it covers all the expenses that the victim had to pay to solve or repair an injury. Pain and suffering are additional monetary awards that some people get because the level of neglect that the offending party showed is substantial. A remorseless plastic surgeon that overcharged the client and performed an unstable procedure is a likely candidate for having to pay for pain and suffering.
Steps a Victim Should Take
The first phase a victim should take is to alert the plastic surgeon that caused the injury. The parties may be able to resolve the situation at that time. The victim should gather all documents, communication, and facial pictures that he or she had before the injury occurred. The person should also consult with any eye witnesses who can make statements about the procedure. That may help in determining the level of pain and suffering that the victim endured because of the injury. It can influence the amount of money the victim receives for pain and suffering.
The victim should visit a medical specialist to get a diagnosis for any health problems. The doctor can also write a report about the disfigurement and any neurological restrictions that caused the injury.
Contact an Attorney
The first step in the recovery process is contacting a reliable attorney that has been practicing in the field for years and has the statistics and experience to back their claim up with prospective clients. Our attorneys at Law Offices of Vastola & Associates. are specialists in the malpractice field. They have helped people obtain monetary settlements for their injuries. If you are a victim of a plastic surgery gone awry, please call and schedule a consultation.