Can You File a Malpractice Lawsuit if You Were Having Optional Cosmetic Surgery?

Physicians have an obligation to provide appropriate care to their patients. Traditional oaths require them to “do no harm” and to apply appropriate treatment as required for those who are sick. 

But sometimes, members of the medical profession seem to give the impression that when you choose to undergo a procedure voluntarily to improve a condition rather than treat an illness, your health is less important. So, if you elect to have a cosmetic procedure performed, does the medical staff have a reduced duty to protect your health? Do you have the right to seek justice and compensation if a member of the medical staff engages in negligent practices that cause harm?

Medical negligence, generally referred to as malpractice, is a complicated subject. A personal injury attorney can explain whether medical professionals may be negligent only after analyzing the specific facts of a case. However, here are some general guidelines regarding medical malpractice rules as they pertain to cosmetic surgery.

Understanding Negligence in a Medical Setting

Anyone can be held liable for negligence. If you have a duty to provide appropriate care and attention to others and you fail to live up to the duty and your failure causes injuries to others, then those suffering because of your failure to act responsibly can hold you accountable and seek compensation for their losses.

In a medical setting, physicians and other healthcare professionals owe a duty to treat patients according to the standard of care that is routinely expected under the circumstances. For instance, a doctor treating someone in an emergency situation would not necessarily be expected to provide the same thoughtful care and analysis as they would in a scheduled visit where the physician is not under pressure and has had time to review the patient’s records.

When a medical professional fails to provide care that is consistent with prevailing standards or fails to act reasonably in a particular situation, they can be held responsible for injuries caused by their irresponsible conduct.

Examples of Malpractice Associated with Cosmetic Procedures

There are many different ways that a cosmetic surgeon, nurse, anesthetist, or other professional affiliated with a cosmetic practice could neglect their obligations to a patient and commit actions that lead to injuries. The injuries could have occurred because the office professional was preoccupied with something else and not paying attention to what they were doing. It could be that someone was in a hurry or hadn’t been properly trained.

Medical malpractice in cosmetic procedures might include:

• Performing the wrong procedure
• Administering anesthesia incorrectly
• Allowing unqualified persons to perform risky tasks
• Performing procedures with substandard equipment
• Failing to consider the patient’s history
• Failing to obtain adequate consent
• Not responding professionally when a complication arose

It is important to be able to show what should have happened under the circumstances, how the actual actions of the negligent professional deviated from the appropriate level of conduct, and how that deviation led to injuries.

An Unwelcome Outcome is Not Necessarily the Result of Malpractice

Cosmetic surgery does not always bring about the desired results. And sometimes patients can suffer from complications that cause pain, infection, or other problems. The reaction of the human body is not entirely predictable, and a doctor is not always at fault every time a procedure or recovery doesn’t go as expected. Patients can suffer serious consequences such as scarring, paralysis, and nerve damage.

It is only when a patient’s injuries were directly caused by a failure to comply with appropriate medical practices that a professional or medical practice can be held liable for malpractice. Attorneys who represent the medical profession are well aware of this, and they understand how to defend their clients with arguments insisting that the outcome was due to another cause. These attorneys are also aware that there is often an assumption that people undergoing elective cosmetic surgery are vain and don’t deserve sympathy for the suffering they’ve endured because the surgery wasn’t medically necessary. To succeed with a claim for medical malpractice in this situation, it is a good idea to work with an experienced Montana medical malpractice lawyer who understands how to overcome any bias and demonstrate why the patient deserves to be compensated for the harm caused by substandard medical practices.

Find Out How a Medical Malpractice Lawyer at Ragain & Clark May Be Able to Help

When you’ve been injured because of any negligent behavior from a medical professional, you deserve to be treated with dignity and compassion, and you deserve justice for the harm you’ve suffered. At Ragain & Clark, we have decades of experience holding doctors and other professionals accountable for their negligence and obtaining full compensation for injured patients. To discuss how we may be able to assist in your case, call us at 406-651-8888 or contact us online to schedule a free consultation.