In a cosmetic surgery, the goal is to improve the patient’s physical appearance. The most common types of cosmetic surgery are face lifts, eye lifts, breast augmentation, rhinoplasty and liposuction. Despite the commonality of these procedures, things do occasionally go wrong, but to sue a cosmetic surgeon for malpractice in Kansas City, MO, patients must prove that:
- The surgeon owed them a duty of care
- That they failed to meet that duty
- That the failure caused injuries, without any outside influence
The Responsibilities of a Surgeon to Their Patients
It is very difficult to determine the duty and care standard owed to patients by a cosmetic surgeon. In most courts, expert witnesses are required to demonstrate that a reputable surgeon wouldn’t have performed the same actions as the surgeon facing litigation. In this determination, courts consider the expert’s testimony on the surgeon’s degree of education, care and skill.
Possible Defenses in Cosmetic Surgery Malpractice Cases
There are only four typically acceptable defenses cosmetic surgeons can use to defend themselves against Malpractice in Kansas City, MO, including:
- That they adhered to the care standards and duty owed to the patient
- That their actions did not cause or contribute to the patient’s injuries
- That the patient failed to take care of themselves as directed, resulting in injury
- State-imposed limitations on malpractice
Actionable Causes in Malpractice Cases
Along with physical harm coming from a cosmetic procedure, patients can generally recover due to:
- Economic loss
- Emotional and mental harm
- Future medical bills
- Punitive damages (in limited circumstances)
If a person dies as a result of injuries sustained during a cosmetic procedure, their families may be able to recover damages.
If I’m Injured During a Cosmetic Procedure, do I Need an Attorney to Bring a Malpractice Suit?
If you’ve been injured and are considering suing your cosmetic surgeon for malpractice, or if you’re a surgeon defending against such a suit, it’s advisable for you to call an attorney who handles medical malpractice cases. A lawyer with Pgh-law will be able to protect your rights, explain all the issues at hand, and secure or prevent monetary awards, whichever the case may be.
