Can You Claim Bad Surgery?

Experts from the Patient Advocate Association say that plastic surgery is not among the most demanded sectors. However, it does have many dissatisfied. One might wonder what space exists between disappointment and harm.

How far can the surgeon be at fault for the poor result of an intervention and how far is informed knowledge of the results, both good and bad, that can be obtained using the scalpel. Since 2012 one thing seems clear: what cannot be. In other words, the Supreme Court has already ratified the impossibility of cosmetic surgery to achieve concrete results. And what cannot be achieved cannot be promised.

Hence the fight to claim or not an unsatisfactory result. Because let's say it loud and clear: in plastic surgery, there is a great professionalism gap. Professional intrusion and low-cost fashion, which also reaches medicine, make examples of bad surgeries have soared in recent times. From the sector, they explain that there is also a problem around the high subjective component related to ideals of beauty with which a person enters an operating room and that, on many occasions, does not conform to a realistic result.

Hence, jurisprudence considers that we are dealing with the medicine of a satisfactory, not curative nature. From the sector, they explain that there is also a problem around the high subjective component related to ideals of beauty with which a person enters an operating room and that, on many occasions, does not conform to a realistic result. Hence, jurisprudence considers that we are dealing with the medicine of a satisfactory, not curative nature. From the sector, they explain that there is also a problem around the high subjective component related to ideals of beauty with which a person enters an operating room and that, on many occasions, does not conform to a realistic result. Hence, jurisprudence considers that we are dealing with the medicine of a satisfactory, not curative nature.

Anyone who has entered an operating room for any type of intervention knows that a paper called informed consent must be signed. This includes the most common complications and risks in a specific surgery or treatment, but not all. Whoever makes the law cheats, as these documents are prepared by specialized Medical Societies and try to collect as much as possible, they always include a clause of other possible more rare complications, which, not because they are rare, means that they do not occur.

Cosmetic surgery must be faced. So, as a first measure to avoid malpractice, it must be requested if they did not offer it. It is mandatory, and no treatment or intervention can be performed without subscribing to it. It is recommended that the patient request a copy of it. You can also request one of your entire medical histories. At the same time, you must provide any document related to diseases that are unknown by the doctor or allergies. Your life may depend on it.

Can You Claim A Cosmetic Surgery Intervention?

Cosmetic surgery refers to a series of medical treatments that aim to improve the physical appearance of the patient. Therefore, they are not necessary interventions to improve health status. Rather, aesthetic improvement or beautification of the person is sought.

We are talking about so-called “satisfactory” and not “curative” treatments. That is, what is intended is precise that the patient is satisfied with his physical appearance.

Most common types of cosmetic surgery

The most common treatments are the following:

  • Breast augmentation and reduction.
  • Mastopexy, or breast lift.
  • Tuberous breast, correction of malformations in the breasts.
  • Reconstruction after breast cancer.
  • That is the reduction of excessively large mammary glands.
  • Liposuction
  • It consists of the removal of excess skin and abdominal fat and the correction of muscle flaccidity.
  • Regarding the so-called facial surgery, there are also some very common treatments such as the following:
  • Blepharoplasty, eyelid reconstruction.
  • Rhinoplasty, nose reconstruction.
  • Otoplasty, ear reconstruction.
  • Double chin surgery.

What obligations do doctors have in these cases?

As it is a “satisfactory” intervention, the jurisprudence understands that there is an obligation of results. But it must be borne in mind that if the patient is informed of the possibility of not obtaining it, there is no such obligation.

In these cases, the “information obligation” becomes especially important. Since the patient must undergo this type of “voluntary” treatment, knowing for sure the risks that they run.

When working with the best nose jobs specialists in N. Miami, you have nothing to worry about since they are already on top of  the legal aspects of such a procedure, and are vary open about your rights as a patient.

What do doctors have to inform patients in cosmetic procedures?

It is essential that the doctor explains to the patient, in good time, what risks are involved in performing the cosmetic surgery intervention. This information must be verbal, days before the intervention.

On the other hand, it will be presumed that the result is guaranteed when the patient is not specifically informed otherwise in writing. That is, there are possibilities that the intervention does not have the desired result.

Only knowing all this information, the patient is free to undergo a treatment that is not necessary, only seeking cosmetic improvement. And that can cause, like all medical treatments, serious complications.

What damages can be claimed?

In cosmetic surgery treatments, the following negligence can be claimed:

  • Aesthetic damage. When the result is not desired, and the aesthetic appearance has not been improved, it may even have worsened.
  • Functional anatomical damage. For example, in the case of rhinoplasty, when the size of the turbinates is excessively increased in such a way that it prevents good breathing.
  • Psychological prejudice. When unsatisfactory results add the patient to a depressive syndrome that requires psychological treatment.
  • Future reconstructive surgical intervention as a consequence of an error in the first intervention, with the cost, that this entails.

Therefore, before undergoing cosmetic surgery treatment, inform yourself about the risks, ask your doctor if the result is guaranteed, and if you are not happy with the result, contact us to see if you can claim it.…

Aesthetic Medicine Claims

When we undergo aesthetic medical treatment or therapy, there may be cases in which professional malpractice or negligence can cause unexpected or unsatisfactory results, to irreparable damage that can affect our image, good health or self-esteem. In these cases, it is advisable to go to specialized legal advice to claim damages from the clinic or professional, causing the damage.

Botox and fillers

Very delicate products are used that require very precise and professional handling and application, and malpractice can cause serious health problems.

Obesity and weight loss

In cases of bad results attributable to the treatment received, such as a gastric balloon, administration of medications, etc., results or medical negligence as a consequence of damage or consequences, the professional or center that has treated you can be claimed.

Rejuvenation treatments

Negligence cases resulting from damage or sequelae in hyaluronic acid treatments, mesotherapy, and other non-surgical treatments applied in aesthetic medical clinics.

Facial treatments

Unsatisfactory, unexpected results or damage and sequelae in the application of facial treatments such as skincare, skin tightening, stain removal, lip treatments, lifting without surgery, etc.

Body treatments

Damage or bad results in varicose vein treatments, cellulite removal, stretch marks, liposculpture, intimate medicine, and other treatments without surgery.

Laser tattoo removal

Burns, skin blemishes, or results other than those reported by the clinic are some of the common causes of complaint in patients who have come to undergo laser tattoo erasure.

Cosmetic surgery is a field of medicine that treats patients with the aim of improving their physical appearance or correcting cosmetic problems not directly related to health.

It is a field with multiple areas of work both on the face and on the body, and things do not always go as planned or with the expected results.

There are cases in which a medical error, malpractice, or negligence can cause temporary or permanent harm to the patient, physical or psychological consequences, or we simply have not obtained as a patient the result expected or promised by the medical professional.

It is in these cases that a law firm specialized in cosmetic surgery claims must advise and protect the interests of the plaintiff.