Is A Botched Cosmetic Surgery Considered Medical Malpractice?
Plastic surgery is performed by surgeons to either reconstruct or fix any damages and defaults on the body of a patient, the most common type of plastic surgery are skin grafts for burn patients. A popular subset of plastic surgery is called cosmetic surgery and they are often elective procedures where patients choose to go under the knife to enhance their current appearance.
Although cosmetic surgeries are elective, the risk of medical malpractice is still very real, but suing the surgeon can be difficult.
When Is Cosmetic Surgery Considered A Malpractice?
The only defined and sure way an elective procedure can be considered medical malpractice is when the treatment resulted in an injury. If you have experienced this, you can call an Indianapolis medical malpractice attorney and start working on the case as soon as possible.
Since only a handful of patients can prove their injuries occurred during the procedure itself, there is a lot of grey area when filing for a malpractice lawsuit in the world of cosmetic surgery. But don’t lose hope just yet because there are still ways to sue a cosmetic surgeon if you are unhappy with the final result of the surgery. These are as follows:
A Breach Of Contract
All cosmetic and plastic surgeons create a contract with every patient once they agree to perform the surgery. However, there are many cases where there is no written contract presented and only a verbal contract was formed. While the verbal contract is still legal, it can be hard to prove that there was a breach of contract if there is no physical contract that serves as documentation.
A breach of contract can only be considered if the doctor fails to meet the quality of work they promised. Your Indianapolis medical malpractice attorney will try to gather evidence to prove that your surgeon made decisions concerning the procedure that went beyond the terms of the contract.
For cases that do win the lawsuit, the victims are warned to expect only a refund for the cost of the treatment because compensation for pain and suffering is very rare.
A Breach Of Warranty
Another possible medical malpractice lawsuit involves the promises made by the surgeon during the consultation and before the surgery. Their promises create a “warranty of performance” that they must uphold. However, for a breach of warranty to be considered valid, the promises made must be specified.
General terms such as “the best results” are not good enough for a lawsuit. If the doctor offers promises that they are able to recreate a look or guarantee a certain size after the operation, these are valid grounds for a breach of warranty lawsuit.
Consult With A Lawyer
If you feel like your plastic surgeon did not live up to their promises, it is best to consult with a local Indianapolis lawyer right away. A local legal team will assist you to make sure your claims for medical malpractice have merit and will stand in court. This way, you will receive the compensation you deserve after a botched plastic surgery operation.
If you think you are a victim of medical malpractice, contact us today at Montross Miller and to our Indianapolis medical malpractice attorney who can guide you in seeking justice and compensation.