If you recently underwent cosmetic surgery in Hyannis, MA but the results didn’t meet your expectations, you can sue your plastic surgeon. If your treatment resulted in an injury, you can sue for medical malpractice. Winning a medical malpractice case against a plastic surgeon can, however, be a challenge. This is because cosmetic surgery is an elective procedure and it’s used to enhance a certain body part. Breast augmentation or reduction is an example of cosmetic surgery. Additionally, health insurers rarely pay for cosmetic surgery. However, this doesn’t mean that you cannot build a strong case against your plastic surgeon. An experienced Hyannis medical malpractice attorney can help you with your case.
Malpractice Issues in Cosmetic Surgery
Errors in Procedures
Some of the procedural errors include:
- Anesthesia complications
- Negligent injection of drugs
- Infections post-operation
- Surgical errors
Inexperienced Surgeons
Cosmetic surgery doesn’t require the filing of health insurance paperwork, a lot of medical professionals can claim to be plastic surgeons. It’s therefore, always a good idea to seek only certified and experienced plastic surgeons. This doesn’t mean that you will get the results that you want but it will reduce your chances of getting a botched procedure.
When Can You File a Medical Malpractice Case Against a Plastic Surgeon in Hyannis?
You can file a medical malpractice lawsuit in Hyannis against a plastic surgeon if:
- You suffered nerve damage as a result of the procedure
- You suffered scarring
- Your implant malfunctions
- They operated on the wrong site
You can also sue for wrongful death if a loved one died because of cosmetic surgery.
Why It’s Hard to Win a Medical Malpractice Case Against a Plastic Surgeon
The fact that cosmetic surgery is unnecessary and elective is what makes it difficult to win a malpractice case. Let’s look further into this.
The Procedure is Elective
Juries tend to give the plastic surgeon the benefit of the doubt if the procedure doesn’t go as planned because they believe you wanted the surgery to enhance your body. You should therefore not blame the surgeon if things went wrong.
In the event that they do find the surgeon liable, juries award much lower damages than they would if it was a botched regular surgical procedure.
Additionally, medical malpractice attorneys feel that the reason juries award such low amounts is because they feel the plaintiff should take partial responsibility for their injuries since cosmetic surgery isn’t a necessity.
The Jurors Could be Biased
We could blame it on human nature. Some jurors might feel that plaintiffs who get botched cosmetic surgery results are in vain and should have spent the money on something else. For instance, if the elective procedure was liposuction, the jurors might wonder why the plaintiff couldn’t have considered paying for a gym membership and making lifestyle changes to lose weight instead of opting for a shortcut.
Some jurors might have had successful cosmetic surgery procedures and might therefore blame you for going to an unqualified surgeon. They might also consider the fact that your surgeon explained that all surgery comes with risks.
Unfortunately, it’s not easy to pinpoint biased jurors until when the court proceedings begin. The challenges of a medical malpractice case involving cosmetic surgery, therefore, do not necessarily stem from the legal challenges of proving negligence.
When is it Medical Malpractice?
It’s important to understand that just because you weren’t happy with your results, you have a legitimate medical malpractice claim. Your claim, however, may be legitimate if the surgeon was reckless and negligent.
Negligence
Negligence happens when the surgeon provides sub-standard care to the patient. This means that they failed to provide the level of care that another plastic surgeon with the same skills education and experience would have given in a similar situation.
Negligence can be a result of many things including failing to advise you on the best way to take care of yourself after the procedure to unacceptable errors during the procedure.
While plastic surgeons aren’t required by law to be perfect, they are expected to provide an appropriate standard of care.
Recklessness
A plastic surgeon’s actions or inactions can be considered reckless. For instance, if the plastic surgeon was under the influence of alcohol while performing the surgery then they can be considered to have been reckless.
When it is not Medical Malpractice
You are Not Happy with the Results
If there was no injury and you are simply unhappy with the results, this might not be a strong basis for a successful medical malpractice lawsuit in Hyannis.
What are the Benefits of Hiring a Hyannis Medical Practice Attorney
There are several benefits to hiring a Hyannis medical malpractice attorney if you believe you have been a victim of medical negligence. Here are some key advantages:
- Legal Expertise: A Hyannis medical malpractice attorney specializes in medical negligence cases and has in-depth knowledge of the laws and regulations specific to medical malpractice. They understand the complexities of these cases and can navigate the legal process efficiently on your behalf.
- Case Evaluation: An experienced lawyer will assess the details of your case, including medical records, expert opinions, and other evidence, to determine if you have a valid medical malpractice claim. They can provide you with an honest and objective evaluation of the strength of your case and the potential for success.
- Building a Strong Case: A skilled medical malpractice lawyer knows how to build a compelling case by gathering and organizing evidence, interviewing witnesses, and consulting with medical experts. They will work diligently to establish the necessary elements of medical negligence, such as proving the healthcare provider’s breach of the standard of care.
- Access to Medical Experts: Medical malpractice cases often require expert testimony to support your claim. A reputable Hyannis medical malpractice attorney will have established relationships with medical professionals who can provide expert opinions and testimony to strengthen your case.
- Negotiating with Insurance Companies: Dealing with insurance companies can be challenging, as they often try to minimize payouts or deny claims altogether. Having a lawyer on your side means you have a skilled negotiator who will advocate for your rights and fight for fair compensation on your behalf.
- Maximizing Compensation: A medical malpractice attorney in Hyannis will work to ensure you receive full and fair compensation for your damages, including medical expenses, lost wages, pain and suffering, and any future care or treatment you may require. They have the experience to accurately assess the value of your claim and will strive to achieve the best possible outcome.
- Trial Representation: In the event that your case goes to trial, a medical malpractice lawyer will provide skilled representation, presenting your case to the jury and advocating for your rights. They will employ effective trial strategies and use their courtroom experience to fight for a favorable verdict on your behalf.
- Peace of Mind: Dealing with the aftermath of medical malpractice can be overwhelming and emotionally challenging. By hiring a medical malpractice lawyer, you can focus on your recovery and well-being, knowing that a dedicated legal professional is handling your case and fighting for justice on your behalf.
These are just a few of the benefits of hiring a Hyannis medical malpractice attorney. They can provide invaluable guidance, support, and legal representation throughout the process, increasing your chances of a successful outcome and helping you obtain the compensation you deserve.
