To change the way that one looks used to be viewed as a shameful thing. As the years progressed, the idea of changing one’s appearance to please oneself became more feasible. People started changing the way they looked if they felt unhappy or if an accident left them with no other choice. Each year, millions of cosmetic and plastic surgeries are being performed all around the United States. It has somewhat become a trend. Announcement of procedures being done are now being publicized through social media instead of hiding the fact. Cosmetic and plastic surgery is something that is no longer feared, yet like any other surgery in medicine, there are dangers associated with it.
No guarantees are given to procedures. While a physician can say that everything will be fine, there is always that slight chance that something might go terribly wrong. The victim of a medical negligence during a plastic or Cosmetic surgery in Orlando can pursue a litigation of malpractice for the damages that were endured during the procedure. The claim will be filed for the clients by an attorney for cosmetic and plastic surgery malpractice, which would be much easier. Malpractice can happen even though these surgeries happen regularly.
Those seeking a plastic or cosmetic surgery are already dealing with some form of psychological trauma. They are already not happy with the way they look. Just imagine that person suffering a medical malpractice, making them even more psychologically traumatized. That is why justice needs to be sought by the victim/s. Their voices need to be heard.
What Are Some Risk Factors Linked with Medical Malpractice During Cosmetic/Plastic Surgery?
Patients who undergo plastic or cosmetic surgery are more vulnerable if any of the following factors are present:
Assumptions that the patient has that are not realistic
Sometimes, patients expect perfection, but despite the best efforts of the surgeon, perfection is not always feasible. Patients need to be realistic and be made aware that anything can happen during the process of their physical change. Good quality standard of care must be provided by the surgeon, despite exact results not being able to be provided.
Prior emotional and physical state of the patient
The physical state and emotional state of the patient can greatly influence the outcome of any procedure. The healthier the patient, the better odds they have in obtaining great results. It is advisable to stop any medications that can influence the outcome of the surgery. Also, those who smoke should stop smoking beforehand.
A lengthy or more than one operation being performed
If the surgery that the patient will be undergoing is a lengthy one, or if they require more than one surgery to complete their transformation, then this leaves them with a greater risk for medical malpractice because the body loses strength to recover properly.
Surgeon performing operation lacks skill
Specific knowledge and skill are needed to become a cosmetic and plastic surgeon. Not any general surgeon can perform the job that this requires. It is a specialty. Poor quality results can come from a surgeon who has not been properly trained and educated in that area of medicine. A patient should research on the surgeon that will be performing the surgery before they decide to proceed with it. It is vital that sufficient and relevant information is acquired to avoid being a victim of medical malpractice.
Complications Coming from Plastic and Cosmetic Medical Malpractice
The exact cause of a medical malpractice during a plastic or cosmetic surgery in Orlando vary from case to case, including inexperience, lack of attention, and even inadequate training. The presence of medical malpractice is not viable just because someone is unhappy with the results of the surgery. Damages must have arisen as a result. Some complications that can come from this occurrence include:
- Paralysis
- Disfigurement
- Death
- Infection
- Irregularities of the skin
- Discoloration of the skin
- Death
- Thrombosis
- Pneumonia
- Scarring
- Disproportionate bleeding
- Overdose of lidocaine; and
- More
Medical negligence during cosmetic and plastic surgery in Orlando can suggest that the patient might be able to recover for damages acquired. Damages that are obtained depend on a number of factors, but the common name for these damages include specific damages, general damages, and in severe cases, punitive damages. If a patient’s life was placed in immense danger and there was no regard for their safety, the jury or judge might award punitive damages if the find that the health practicioner acted extremely reckless.
Medical Malpractice Plastic and Cosmetic Surgery Indicators
Some indicators that can suggest that plastic or cosmetic surgery malpractice has occurred include:
- Patient’s history not being acquired
- Violating the scope of the informed consent that the patient has provided
- Surgery being performed by a surgeon that does not specialize in the area
- Not using anesthesiologists in order to reduce costs
- Performing surgery on the incorrect part of the patient’s body
- Being unequipped to handle complications
- Not communicating with surgical team effectively
- Not obtaining informed consent
- Inexperienced surgeon
- Incorrect drug prescription
Many surgeons might advertise themselves as plastic surgeons just because they took a class on cosmetic surgery. The right judgment call may not be done by a surgeon that is not qualified and experienced in the field of plastic surgery. Gather information on the surgeon that will be performing the operation.
Plastic and Cosmetic Surgery Medical Malpractice Statistics
The following information covers the span of 10 years of claims filed for the medical malpractice of plastic and cosmetic surgeries:
- Out of all the claims, 29% of cases were for dissatisfaction with results
- Out of all the claims, 14% of cases were for scar deformities
- Out of all the claims, 14% of cases were for burns, asymmetry, and death
- Out of all the claims, 5% of cases were for emotional trauma
- Out of all the claims, 14% of cases were for infection
- Out of all the cases, 3% of cases were for pain
- Out of all the cases, 2% were for seroma or hematoma
- Out of all the cases, 1% was for allergy
- Face procedures, breast augmentation, liposuction, and abdominoplasty account for the most claims
- The quality of the surgeon’s technical skills was based on 33% of cases
Plastic Surgery and Cosmetic Surgery Questions and Answers of Medical Malpractice in Orlando, FL
Question: Which procedures of cosmetic surgery pose a risk to patients?
Answer: Many different types of cosmetic surgeries are performed on a daily basis. Some surgeries that place patients at risk include rhytidectomy, liposuction, breast augmentation, rhinoseptoplasty, and blepharoplasty.
Question: What injuries can come from a cosmetic malpractice?
Answer: Medical negligence during a plastic or cosmetic surgery can cause the following consequences:
- Intense pain
- Emotional trauma
- Scarring
- Damage to the nerves
- Death
- Paralysis
- Infections
- Disproportionate body parts
- Bleeding in excess
Question: Which elements should be taken into consideration when deciding upon a plastic surgeon?
Answer: The American Medical Association suggests that patients decide upon a surgeon based upon the following components:
- Practice history
- Experience they have
- Training they have, and
- Education they underwent
Question: What is the disparity between plastic surgery and cosmetic surgery?
Answer: Typically, cosmetic surgery will be done to improve appearance and self-esteem of the individual by reshaping normal structures in their body. While plastic surgery is usually done to improve the patient’s function like if they have any diseases, tumors, or infections.
Question: Prior to undergoing surgery, will the patient’s medical chart be evaluated?
Answer: Yes. Evaluating the medical chart of a patient should be performed before ANY surgery. If no evaluation was done, and the patient suffered injuries, there might be enough grounds to commence the process of litigation. Not reviewing the medical history of the patient puts them at great risk.
Question: Can anyone aside from the plastic or cosmetic surgeon be responsible for damages?
Answer: Yes. Anyone who was involved during the surgery and recovery phase of the patient can be, including nurses, surgical team members, and even pharmacists can be found liable for medical negligence.
Victims Can Come to Us for Legal Counsel in Orlando
Expert medical malpractice lawyers in the Orlando firm of Percy Martinez for cosmetic and plastic negligence have seen the physical and emotional destruction that the results of that negligence can pose to patients. No one wants to suffer consequences of those actions, but sadly, many do. Surgery is a bittersweet procedure because while it can help the victim in numerous ways, it can also deteriorate them tremendously. If medical negligence was committed by a surgeon of cosmetic of plastic surgery and the patient undergoing that surgery sustained injuries from that direct negligence, then the victim could speak with an attorney in the Orlando firm for medical malpractice.