Cosmetic Surgery Malpractice

Many cosmetic surgeries are elective, meaning that the patient chooses to undergo the procedure in order to change his or her appearance. There are also cosmetic surgeries that are necessary for a patient’s health. In any cosmetic surgery, complications can arise and mistakes can result in serious injuries. If a surgeon or another health care provider commits medical malpractice in connection with cosmetic surgery, it may be possible to hold the provider liable for damages arising out of the mistake. At DeFrancisco & Falgiatano, our Syracuse medical malpractice attorneys can potentially represent you in a lawsuit for damages.

Cosmetic surgery malpractice can occur in different ways. Sometimes it takes the form of a never event, such as cosmetic surgery on the wrong body part. In other cases, anesthesia is improperly administered or a patient under anesthesia is improperly monitored, causing serious injuries. Sometimes the malpractice involves exceeding the patient’s informed consent. In other cases, inexperienced or unlicensed surgeons perform procedures and make mistakes. Failing to gather a full patient history can also result in injury.

Doctors who perform cosmetic surgery are expected to abide by professional standards and keep their patients safe. If you were harmed by a cosmetic surgery, you can consult a seasoned medical malpractice attorney to review your legal options.

Your cosmetic surgery may have been elective, but your surgeon must still meet the professional standard of care in handling your surgery. In New York, to recover damages in a cosmetic surgery malpractice lawsuit, you’ll need to prove: (1) the defendant health care provider owed you a professional duty of care, (2) breach of the professional standard of care, (3) causation, and (4) damages. The professional standard of care consists of the accepted standards that a cosmetic surgeon in the same geographic region would follow under similar circumstances. In other words, if your cosmetic surgeon failed to do what a competent cosmetic surgeon in or around Syracuse would’ve done when operating on your breasts, and the failure injures you, you may be able to recover damages. For example, if a competent surgeon made a much deeper incision than was necessary and damaged an organ, this may constitute a breach of the professional duty of care. As another example, if a patient shows signs of respiratory distress during a cosmetic procedure, and the surgeon and anesthesiologist don’t notice or take appropriate steps, the result could be brain damage or other injury.

In most cases, it will be necessary to retain an expert to establish what the professional standard of care was under the circumstances and what the cosmetic surgeon or other health care provider did to depart from that professional standard of care. Simply being dissatisfied with what you look like after a procedure does not mean that you were a victim of medical malpractice. To recover damages, you will need to be able to show that a health care provider’s departure from the professional standard of care caused you injuries.

If you can establish liability for cosmetic surgery malpractice, you may be able to recover compensatory damages for your injuries. These can include both economic and noneconomic losses. Economic losses may include lost wages, medical bills, and replacement services. For example, if you are disfigured by cosmetic surgery malpractice and you need a subsequent surgery or two to correct the disfigurement, you may be able to recover compensation to make up for the cost of the future surgery. Noneconomic losses can include pain and suffering, loss of enjoyment of life, mental anguish, and disfigurement.

If you were harmed by cosmetic surgery malpractice in Syracuse, you can discuss your situation with legal counsel. At DeFrancisco & Falgiatano, our lawyers represent patients in Syracuse, Rochester, and throughout Upstate New York, including in Watertown, Lowville, Canandaigua, Utica, Oswego, Binghamton, Oneida, Ithaca, Cooperstown, Auburn, Lyons, Wampsville, Herkimer, and Elmira. Call DeFrancisco & Falgiatano at 833-200-2000 or contact us via our online form.