All surgical procedures come with a certain amount of risk. Cosmetic procedures, although not lifesaving, are no exceptions. Yet patients should never have to assume the risk of an incompetent or negligent surgeon wielding the scalpel. Plastic surgery errors are inexcusable and can cause serious damage to the health and happiness of the patient. If you or a loved on was a victim of this type of medical negligence, you should contact the Philadelphia plastic surgery errors lawyers at Anapol Weiss. When cosmetic surgeries are unsuccessful, it is worthwhile to examine the cause of the mistake or injury. There may be grounds for a malpractice lawsuit.
Types of Plastic Surgery Errors in Philadelphia
Keep in mind that not all negative outcomes or undesirable results stem from medical malpractice. In many cases, doctors and operating room personnel are not to blame for complications that occur during plastic surgeries. However, there are circumstances in which the complication is avoidable with proper medical care. Negligent surgeons, nurses, and anesthesiologists can cause preventable plastic surgery errors such as:
- Anesthesia errors
- Equipment failures
- Failure to adequately study medical records
- Failure to obtain informed consent
- Failure to warn of risks
- Lack of communication
- Neglect to prepare for surgery
- Negligence before, during, or after surgery
- Poor postoperative care
- Untrained or inexperienced personnel
- Wrong-patient surgery
- Wrong-site surgery
Patients may enter into cosmetic or elective surgeries without realizing all the risks they face under the knife. These mistakes can lead to adverse outcomes such as infection, allergic reactions, anesthesia awareness, hematoma, dangerously low blood pressure, necrosis, nerve damage, scarring, and death due to severe complications. These are general risks that all patients face during plastic surgeries, but negligent practitioners significantly increase the odds of patient injuries and death.
How to Prove a Plastic Surgery Error
While the specifics of medical malpractice lawsuits vary on a case-by-case basis, there are four common elements all plaintiffs must prove. One, that a doctor-patient relationship existed at the time of the harm. Two, that the doctor (or other defendant) breached his/her duties of care. Three, this breach caused the plaintiff’s harms. Four, the plaintiff suffered specific damages as a result. With these four elements, a plaintiff has everything necessary to prove the defendant was negligent and this negligence resulted in injuries or wrongful death.
Typically, the most difficult element to prove in a medical malpractice case is the defendant’s negligence. The medical industry does not require professionals to carry out the best possible standards of care – only the accepted standards. There can be a lot of confusion over whether or not the defendant obeyed the accepted standards during a cosmetic procedure. Often, a plaintiff must bring in an expert witness in a profession similar to the defendant’s to convince the judge or jury that a reasonably competent individual would have done something differently in the same circumstances.
Pennsylvania’s civil courts require expert testimony unless an expert gives a written statement that testimony is not necessary to prove the defendant’s negligence. This may be the case if the defendant is guilty of gross negligence, such as failing to sterilize surgical tools or operating on the wrong patient. In these situations, negligence may be obvious to a layperson. Speak to an attorney to find out whether you require expert testimony to bring your claim in Philadelphia.
Fight Against Negligence After Plastic Surgery Errors
Plastic surgery errors can leave you with costly medical bills, multiple surgeries, pain and suffering, emotional distress, and physical injuries. Don’t let negligent parties get away with causing your damages without putting up a fight. Anapol Weiss has aggressive medical malpractice attorneys who want to help injured patients protect their rights. We have the skill, resources, and experience you need for complex cases. No matter what damages you suffered because of plastic surgery errors, contact us for a consultation.