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Can I Sue If My Cosmetic Surgery Is Botched?

Can I Sue If My Cosmetic Surgery Is Botched?

People choose to undergo cosmetic surgery for a number of reasons. Elective procedures are typically done to improve one’s appearance in some fashion. Unfortunately, complications can occur and mistakes can be made. When these things occur, it is the patient who suffers. Medical negligence isn’t reserved for life-saving procedures. Cosmetic surgeries have their share of risks.

Common Types of Cosmetic Surgery

Plastic surgery is a type of reconstructive surgery that is an attempt to repair damage or defects, real or perceived, to the face and body. Cosmetic surgery is under the umbrella of plastic surgery and specifically targets the appearance.

The most routinely performed cosmetic surgeries are:

  • Breast augmentation
  • Liposuction
  • Face lift
  • Neck lift
  • Rhinoplasty
  • Tummy tucks
  • Eyelid surgery

Elements Necessary for Medical Malpractice

Like any other type of surgery, there must be three elements present in order to have a successful medical malpractice case. These elements are:

  • A doctor-patient relationship
  • A breach of the accepted standard of care
  • An injury that resulted from that breach

The first element, the doctor-patient relationship, is typically not argued. There was clearly a relationship if there was a procedure that took place. The second element, a breach in the accepted standard of care, typically requires the testimony of expert witnesses to prove. Your attorney will look for a surgeon that specializes in the same type of procedure you underwent.

The third element, may be more difficult to prove than it sounds. There is a certain amount of risk in any procedure. The type of harm that you incurred must have been avoidable and not a routine risk of the surgery. Again, your attorney may choose to call one or more expert witnesses to testify on your behalf.

If you or a loved one has undergone cosmetic surgery and believe that you have been the victim of medical malpractice in Charleston, call our office. A member of our team will review the details of your case and advise you if you may have grounds for a successful medical malpractice case. We are here for you and your family as you work to put this incident behind you.

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