Cosmetic Surgery Malpractice & Legal Implications
Cosmetic surgery involves elective procedures aimed at improving or altering a patient’s appearance to achieve a personally desired aesthetic. These procedures, such as rhinoplasty, breast augmentation, and liposuction, center on individual choice. Even though they’re elective, cosmetic surgeons are still subject to legal standards governing medical practice.
Legal Standard of Care for Cosmetic Surgeons
Cosmetic surgeons, like all physicians, are held to a legally recognized level of skill and care. This objective standard is based on how a reasonably competent surgeon with similar training would act in comparable circumstances. Even though the patient elects to undergo the procedure, the surgeon must use accepted methods and exercise the diligence, caution, and expertise expected in the field. If a surgeon’s performance falls below this standard and results in injuries, it can constitute medical malpractice. Outdated or experimental methods that deviate from commonly accepted techniques may be cited as breaches of the standard of care, particularly if they cause avoidable harm.
Establishing a Claim for Cosmetic Surgery Malpractice
Four main elements generally form the basis of cosmetic surgery malpractice claims:
- The formation of a doctor-patient relationship, which creates the surgeon’s duty of care
- The surgeon’s breach of that duty by failing to meet the accepted standard of care
- Causation between the breach and the patient’s injury
- Damages, which may include additional medical costs, lost income, and pain and suffering
Without proof of all four elements, a malpractice claim is unlikely to succeed. Expert testimony is often necessary to clarify how a procedure should have been performed and whether a surgeon’s actions diverged from recognized standards. Experts with relevant training or experience can offer opinions on whether the patient’s adverse outcomes were preventable. They may also address the likelihood that an injury could have occurred under competent surgical care.
Informed Consent and Potential Liability
Informed consent requires a surgeon to explain a procedure’s risks, benefits, and alternatives before proceeding. A patient who knows the possibility of certain complications and still agrees to the surgery is less likely to have a successful malpractice claim if those disclosed complications occur. If a significant or material risk is not disclosed and subsequently materializes, the patient may bring a malpractice claim if it can be shown that the patient would have declined the procedure had the information been conveyed. Omitting less invasive alternatives or ignoring patient concerns during the pre-operative phase can similarly create liability.
Common Errors and Negligent Acts
Errors in cosmetic surgery can include improper administration of anesthesia, inadequate sterilization leading to an infection, aggressive application of surgical techniques that cause disfigurement or nerve damage, and substandard monitoring before or after surgery. Some incidents may involve negligence on the part of operating room staff, anesthesiologists, or the facility itself. In cases of multiple defendants, liability may be shared if each party’s negligence contributed to the patient’s injury.
Comparative Fault in Cosmetic Surgery Cases
Damages may be reduced based on a patient’s own negligence if they disregarded medical advice or contributed to the injury. For example, ignoring specific post-operative instructions on activities or medications could lead to complications. A claimant found partially responsible generally would see the damages award reduced proportionally to their percentage of fault. In some cases, they might not be able to recover damages at all.
Potential Damages
A successful cosmetic surgery malpractice lawsuit may result in compensation for medical treatment needed to address the injury, including corrective surgeries and rehabilitation. Damages can also include lost wages or diminished earning capacity if a patient is unable to work. Non-economic damages may cover both physical discomfort and the emotional impact of severe disfigurement. Some jurisdictions place caps on these non-economic awards, limiting the amount a patient can recover even if a claim is successful.
