While no plastic surgery is without risk, generally, most cosmetic and plastic surgeries pose a low threat of injury. To their patients, physicians, such as Plastic surgeons owe their a duty of care that meets a standard of care that a reasonable surgeon would show under the same or similar set of circumstances. When treating patients, a high degree of medical competency must be exercised and met. In a lawsuit, patients will be required to prove that the injury was caused by the doctor’s negligence. The injured party must show that the failure to provide reasonable care resulted in malpractice. The reasonable care standard is based on what a reasonable doctor in similar situation would exercise in terms of skill, care and treatment.
The questions to ask regarding plastic surgery lawsuits are: 1-Did the doctor own the patient a duty of care? 2-Was the care administered comparable to a reasonable doctor in the same situation? 3-Were the injuries caused due to the substandard care?
Surgical error or mistakes can lead to lifelong injuries. Some people develop severe infection. Some patients are left with dehabilitating disfigurement which can be both painful and embarrassing. At times the injury can be a result from the hands of the plastic surgeon directly, or the injury can also be caused by the anesthesiologist or others, such as nurses, who are administering medication. Some courts argue that the damages for plastic surgery malpractice is not as high as other medical malpractice as plastic surgery is often elective surgery and therefore, not covered by insurance.
In 2009 a 42-year-old woman, in England, won a lawsuit against plastic surgeons for leaving her face too tight with not enough fat. She argued that the eye and face lift left her face butchered. Recovery, or the damages awarded from plastic surgery malpractice can be in the form of compensation for past and future losses, such as income, emotional suffering, disability and disfigurement