Can You Sue After Bad Plastic Surgery?

Plastic surgery can refer to reconstructive surgeries after injuries as well as elective surgeries designed to alter physical appearance. While plastic surgery serves an important role to improve body functioning and self-confidence, the public may associate the medical field with stories of surgeries gone wrong. In limited cases, plastic surgery patients may file lawsuits against their surgeons after bad plastic surgeries.

Types of Malpractice Claims After Plastic Surgeries Gone Wrong

Individuals who invest in plastic surgery to change their physical appearances may sign page after page of informed consent documents outlining the risks and uncertainties of the procedure. If the physician used standard practices and followed a patient’s request within reasonable limits, an undesirable outcome may not constitute negligence or malpractice. However, if the physician failed to adhere to standard medical practices or failed to perform within reasonable expectations, the patient may hold the medical practitioner liable for any injurious outcomes.

Lawsuits associated with plastic surgeries may include:

• Negligence-based claims. As medical providers, plastic surgeons must adhere to the same standard of care as other medical professionals. They must maintain sterile operating environments and perform their duties according to medical best practices. When plastic surgeons fail to meet the accepted standard of care in plastic surgery, they are liable for resulting complications. If a plastic surgery patient experiences uncommon or extensive scarring, experiences an infection because of the surgery, or experiences other complications, he or she may file a malpractice claim against the surgeon responsible.

• Breach of contract claims. Regardless of medical need, when patients and their health care providers decide on a course of treatment, they enter a legally binding contract. In Florida, for example, over 200 women filed claims against a plastic surgery office for botched treatments. Some of the women experienced complications after breast enhancement procedures (malpractice), while others received implants of the wrong size (breach of contract). If a surgeon performs a procedure not agreed upon beforehand, the patient reserves the right to file a legal claim.

• Breach of warranty claims. Plastic surgeons commonly use results to market their appearance changing procedures. After a botched surgery, some patients may need additional surgeries or treatments to correct the problem. If a plastic surgeon promises results and a patient needs corrective surgeries after initial treatments, the patient may pursue a valid breach of warranty claim.

To file a breach of warranty claim, a claimant must prove that the physician used clear and specific language regarding quality assurance. Plastic surgery cases involving breach of warranty claims often require some form of proof of surgical assurances.

Challenges in Plastic Surgery Claims

When holding plastic surgeons accountable for wrongful actions, claimants may run into challenges regarding plastic surgery biases. Juries may automatically disregard claims involving elective surgeries, especially if the patient did not clearly need the surgery. For example, a jury might look at a burn victim who receives plastic surgery differently from an aspiring actress who invests in rhinoplasty (a nose job).

To prove plastic surgery claims, attorneys must often highlight the underlying need for surgery as well as the wrongdoing of the surgeon. Legally, patients hold the right to file claims against medical practitioners for acts of negligence. An experienced attorney will help prevent a jury’s natural biases from interfering with justice. Filing a plastic surgery claim after a botched treatment can help patients receive treatments needed for physical recovery as well as justice in cases involving malicious, inexperienced, or reckless medical professionals.

Pursuing a Plastic Surgery Claim

Plastic surgery may include facial reconstructing procedures, rhinoplasty, breast altering procedures, liposuction, bodily lifts and tucks, structural enhancements, and other procedures. Whether you experience a surgery that leaves you in pain or one that delivers undesirable outcomes, you may have a claim against your medical provider. Speak with a Houston personal injury attorney to better understand your rights, state plastic surgery laws, and your ability to recover after a botched plastic surgery experience.