What are the Challenges in Winning a Cosmetic Surgery Lawsuit?

February 24, 2021
What are the Challenges in Winning a Cosmetic Surgery Lawsuit?

Medical malpractice may be caused by a variety of different types of acts by a healthcare professional, but the primary cause of it would still be medical negligence. You may not always be pleased with the results of cosmetic surgery cases, but it does not always add up to medical negligence. Keep reading to learn more about the difficulties of bringing about a case of medical malpractice after cosmetic surgery.

What is meant by Cosmetic Surgery?

Cosmetic surgery is a kind of plastic surgery on the skin or flesh that is basically reconstructive surgery. Surgery to repair extreme burns is a perfect example of cosmetic surgery. Many kinds of plastic surgery are needed to repair some damage to the person. Cosmetic surgery, on the other hand, is elective surgery, often preferred as a solution to boost the appearance of the body. Examples of cosmetic surgery are breast reduction or augmentation, liposuction, rhinoplasty, facelifts, and more. Since cosmetic surgery is optional, health insurance companies rarely compensate for it. That means most individuals who want cosmetic surgery have to pay for it on their own.

Procedural Errors

When you are considering cosmetic surgery, you should only consult a trained, skilled, board-certified cosmetic surgeon. But that does not ensure a favorable outcome without flaws, but it at least guarantees that a good, skilled surgeon with a relatively good track record will operate on you.

Unskilled Surgeons

Many kinds of plastic surgery malpractice involve surgical negligence, i.e., the cosmetic surgeon botched the surgery.  Postoperative infections, negligent injection of medications used for cosmetic purposes such as botox, and complications from anesthesia are other concerns of plastic surgery that may lead to a claim of malpractice.

Challenges in Winning These Types of Lawsuits

The biggest challenge in winning cases of cosmetic surgery malpractice arises from the very aspect of cosmetic surgery that separates it from normal surgery—it is elective, by definition, and unnecessary.

You Didn't Need Surgery

Juries prefer to assume that if the surgery went wrong, that the patient may have needed the surgery to boost his/her appearance, the patient should not be too quick to blame the surgeon. For this reason, juries generally offer the benefit of the doubt to the cosmetic surgeon.

Even when the case is won by the patient, juries tend to grant lower damages than in cases of regular surgical malpractice. Some lawyers believe that the best justification for these relatively low jury awards is that juries are simply not responsive to the complaints of the patient because they feel it was the decision of the claimant to have the surgery and that the claimant should perhaps be partly liable for the damages.

Biased Jurors

In fact, for being narcissistic, obese, too lazy to work out, or even for getting so much money that they can afford to waste it on needless surgery, juries usually feel the need to punish the malpractice victim. This does not sound like an idea that is really rational, but it is human nature. Jurors or a Judge may think they themselves have no money for cosmetic surgery or they wouldn't waste it on the cosmetic procedure if they had the money, so why should they care about someone who has the money?

Some Judges or juries have an issue with plastic surgery allegations because they may have undergone a successful cosmetic surgery of their own. They blame the patient either for selecting an unskilled cosmetic surgeon or for not knowing that all surgeries involve some sort of risk and for being excessively demanding perfection from their surgeon.


If you still have questions about pursuing a cosmetic surgery malpractice lawsuit, contact the Best Attorney in New Haven, CT.


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