This page will look at medical malpractice lawsuits involving negligence during plastic or cosmetic surgery. Plastic and cosmetic surgeries are designed to enhance the appearance or function of the body. However, if a plastic or cosmetic surgeon, or any healthcare professional involved in the procedure, fails to deliver appropriate care, patients may experience unnecessary injuries, giving them valid grounds to pursue a medical malpractice claim. We will also look at the settlement value of plastic surgery malpractice cases.
Common Categories of Plastic Surgery Malpractice
Not all plastic and cosmetic surgery injuries stem from medical negligence. For an injury to be considered medical malpractice, it must result from a healthcare provider’s failure to act reasonably and adhere to the accepted standards of care in the medical field. This negligence must cause significant harm and hardship.
Cosmetic surgery malpractice can occur with any procedure, but there are certain types of cosmetic procedures that have a higher level of risk and that generate more malpractice claims. Here are some of the most common types of plastic surgery medical malpractice:
- Breast Augmentation Malpractice: Also known as breast mammoplasty, this cosmetic procedure uses implants or fat from other body parts to enhance breast size or restore breasts after surgery or injury. This is by far the most common plastic surgery procedure and it generates the most claims.
- Tummy Tuck Malpractice: Abdominoplasty, or tummy tuck, removes excess fat and skin while restoring muscles to create a firmer abdominal profile
- Liposuction Malpractice: Removes fat pockets to improve body proportions and shape. One of the most common cosmetic procedures and it generates a lot of malpractice claims.
- Breast Implant Removal Malpractice: Known as breast “explant” surgery, this procedure involves removing or replacing breast implants.
- Breast Lift Malpractice: Mastopexy, or breast lift, is a cosmetic procedure that raises the breasts by removing excess skin to improve their appearance.
- Lip Augmentation Malpractice: Enhances lip size and shape using implants, fat transfer, or injectable fillers. These have a relatively low risk level but things can definitely go wrong occasionally.
- Botox, Dysport, Xeomin Malpractice: These injectables are used for cosmetic and medical purposes. Mistakes can often happen with these procedures when the injection is mishandled.
- Buttocks Augmentation Malpractice: Also called a Brazilian butt lift, this procedure uses fat grafting to enhance the size of the buttocks.
- Buttock Implant Malpractice: Another form of buttocks augmentation, this procedure uses implants to achieve the desired size.
- Forehead Lift Malpractice: A brow lift or forehead lift removes sagging skin and reduces wrinkles.
- Nose Reshaping Malpractice: Rhinoplasty, or nose reshaping, is a popular procedure in the U.S. to alter the shape of the nose.
- Breast Reduction Malpractice: This surgery involves removing tissue and skin to reduce the size and reshape the breasts.
- Cheek Augmentation Malpractice: Enhances the contour of the cheekbone for a more defined appearance.
- Dermabrasion Malpractice: A surgical procedure that scrapes the skin to smooth its texture or for medical purposes.
- Thigh Lift Malpractice: Thighplasty removes excess skin and fat from the thighs to enhance their appearance.
- Laser Hair Removal Malpractice: This procedure uses concentrated light to damage hair follicles, preventing future hair growth.
Injuries in Plastic Surgery Malpractice Cases
Negligence in plastic surgery can result in a wide variety of very serious physical injuries. Most cosmetic surgery medical malpractice cases we see in Maryland involve these issues:
- Anesthesia errors
- Lack of informed consent/failure to disclose the risks of the procedure
- Infections
- Nerve damage
- Wrongful death
Most viable medical malpractice cases outside of plastic surgery cases involve honest doctors making a mistake they should not have made. Plastic surgery negligence claims have their fair share of this, too. But plastic surgeons have a far greater profit incentive for getting as much work done as they can with as little expense as possible. With the economy in the tank for much of the last six years, these doctors have to find creative ways to get back the money they have lost. This leads to some of these surgeons cutting corners and doing procedures that either should not be done or that the doctor should not be doing because they lack the skills, training or facility.
Medical Malpractice Standard of Care for Plastic Surgeons
Plastic and cosmetic surgeons, like all medical professionals, are obligated to provide care that meets the accepted standard within their field. This standard of care requires that a surgeon act in a manner consistent with how other competent surgeons would under similar circumstances. Failure to meet this standard can lead to significant harm to the patient and may result in a medical malpractice lawsuit.
Additionally, plastic and cosmetic surgeons are legally required to inform patients of all potential and significant risks associated with the surgery. These risks can be general, applying to all surgical procedures, or specific to the particular procedure being planned.
Surgeries that alter the body’s appearance carry additional risks due to the patient’s expectations and emotional well-being. Both reconstructive and cosmetic surgeries can significantly impact a patient’s mental health, making it crucial for patients to fully understand the potential outcomes of the procedure.
The Challenge of Cosmetic Surgery Medical Malpractice Cases
Our law firm turns down the vast majority of plastic surgery medical malpractice cases. Sometimes negligence is easy to prove but the stumbling block is the extent of the injuries. There are a lot of very difficult injuries that are not serious enough to warrant a medical malpractice case. For example, if a woman suffered an unnecessary scar during breast augmentation surgery, that is a pretty awful thing. Someone who is trying to make themselves better gets a scar that makes them self-conscious for an entirely different reason because the doctor made a silly mistake. It is incredibly unfair. But our law firm, and most medical malpractice law firms, are not going to take that case because the injury is not significant enough to justify the time and cost of bringing the case to trial. As a result, most plastic surgeons who make mistakes get off scot-free because the victim cannot find an attorney willing to handle the claim.
The victims that are going to have the easiest time finding counsel are going to be those people with serious injury and wrongful death claims. These are usually failure to treat infection and anesthesia error claims. But it really depends on the case. If you want to know if you have a claim, call us or reach out to us on-line. We will give you the straight story.
The Use of Res Ipsa Loquitur
In some medical malpractice cases, victims can rely on a legal doctrine that an injury such as the one that they suffered would not happen in the absence of negligence. In plastic surgery cases, this often arises with injuries that are the result of the use of a medical instrument. Plaintiff may not automatically rely on res ipsa loquitur in every medical malpractice claim in which the patient was injured by a mechanical instrument. But if the use of the mechanical instrument is within the common knowledge of the jurors, this doctrine can be used.
Settlement Value of Plastic Surgery Malpractice Cases
The settlement value of plastic surgery malpractice cases can vary widely, depending on several key factors. These factors include the severity of the injury, the extent of the medical negligence, the impact on the patient’s quality of life, and the costs of medical treatment and corrective procedures.
Severity of Injury: The more severe the injury caused by the malpractice, the higher the potential settlement value. Injuries that result in permanent disfigurement, loss of function, or significant pain and suffering generally lead to larger settlements.
Extent of Negligence: The degree of negligence by the surgeon or medical staff plays a crucial role in determining the settlement amount. Clear evidence of gross negligence, such as performing a procedure without proper training or failing to follow standard surgical protocols, can increase the settlement value.
Impact on Quality of Life: If the malpractice leads to long-term or permanent changes in the patient’s physical appearance or health, significantly affecting their quality of life, the settlement value may be higher. This includes cases where the patient experiences severe emotional distress, loss of income, or the need for ongoing medical care.
Cost of Corrective Procedures: The costs associated with additional surgeries or treatments needed to correct the damage caused by the malpractice are often included in the settlement. This can cover everything from revision surgeries to physical therapy and psychological counseling.
Loss of Earnings: If the malpractice impacts the patient’s ability to work, either temporarily or permanently, the settlement may include compensation for lost wages and future earning potential.
Emotional Distress: The emotional and psychological impact of a botched plastic surgery can also contribute to the settlement value. Cases where the patient suffers from depression, anxiety, or other mental health issues as a result of the malpractice may lead to higher compensation.
Plastic Surgery Malpractice Verdicts and Settlements
$215,455 Verdict (California 2024): A 32-year-old female aesthetician suffered undue pain and complications when the defendant plastic surgeon negligently performed breast implant surgery. The plaintiff contended that the defendant surgeon negligently removed too much of her pectoral muscles to the point that her pectoral muscles had detached from her sternum, permitting the implants to move, which caused pain and weakness in her arms. The plaintiff also contended that the defendant plastic surgeon failed to act in a timely fashion when postsurgical complictions started to appear.
$265,000 Settlement: (California 2023): The defendant plastic surgeon performed liposuction on the plaintiff. During the procedure, the defendant accidentally perforated the plaintiff’s intestine in two places, but this was not realized until some time later. Plaintiff alleged defendant plastic surgeon was negligent for perforating her bowel intra-operatively during an uncomplicated liposuction. She further alleged defendant emergency physician was negligent for not appreciating free air on the CT scan and discharging her with a bowel perforation.
$180,000 Settlement (Missouri 2023): The plaintiff, 28 years old at the time, alleged that she sought treatment from defendant for a breast reduction operation for medical, no cosmetic, reasons. Plaintiff claimed defendant, a plastic surgeon, negligently failed to drain a hematoma that developed in plaintiff’s breast post-operatively. As a result of defendant’s negligence, plaintiff developed a severe infection in both breasts which led to disfiguring scars and loss of breast tissue.
$255,000 Settlement (California 2022): THe plaintiff underwent a liposuction procedure and he experienced post-surgery complications and signs of infection that the plastic surgeon ignored. He eventually developed a sepsis infection and had to have sections of his bowel surgically removed.
$1,600,000 Settlement (Wisconsin 2021): The plaintiff, a 43-year-old female homemaker, suffered residual headaches, ear aches and myofacial pain after receiving treatment from the defendant plastic surgeon for injuries sustained in an automobile accident. The lawsuit alleged that the defendant negligently failed to properly diagnose the type of fracture in her jaw and performed the wrong procedure, resulting in permanent disability.
Free Maryland Malpractice Claim Consultation
If you or a loved one have been the victim of a medical mistake in the Baltimore-Washington area, call 800-553-8082 or get a free online malpractice claim evaluation.