In 2014, more than $12 billion were spent on surgical and non-surgical cosmetic procedures, according to the American Society for Aesthetic Plastic Surgery (ASASPS). Although most plastic surgeries had been safe, there were victims of bad surgery who suffered botched results due to the provider’s negligence or inadequate training.
As in any other kind of surgical operation, the patient virtually entrusts his/her life—and physical beauty—to the plastic surgeon and the latter has the obligation to deliver the desired outcome safely. If, for some reason, the surgeon fails to deliver as expected, resulting in injury to the patient, a medical malpractice claim is in order.
To make a medical malpractice claim in New York, it is important to consult an experienced medical malpractice attorney in NYC from law firms like The Law Offices of Joseph Lichtenstein. In all malpractice cases, the essential element the plaintiff has to prove is that the medical professional failed to give him or her a treatment that falls under the standard of medical care.
The Standard of Care
The basis for the standard of care invoked in medical malpractice cases depend on the field of medicine under which the operation was performed. Standard care basically refers to the level or quality of healthcare that a rational medical practitioner should have given to the patient, under the same circumstances. Several factors affect the standard of care that a plastic surgeon may have breached, including educational institutions and access to technologies.
The Informed Consent
It is the responsibility of every healthcare professional to obtain the consent of his or her patients before administering any medication or procedure. Besides the informed consent, plastic surgeons are also required by law to provide the patient adequate information regarding the treatment he or she has to go through. It is highly advised to request for an agreement form before agreeing to any cosmetic or reconstructive treatment.
The Res Ipsa Loquitor Doctrine
For the lawyer to establish your entitlement to a compensation, the Res Ipsa Loquitor Doctrine has to be invoked, which is one of the legal grounds for establishing the plastic surgeon’s fault for your injury. Medical malpractice attorneys in NYC have to demonstrate that your injuries are the direct consequence of the plastic surgeon’s mistake. In simpler terms, no other possible situations may have caused the injuries that you received other than the mistake of the plastic surgeon.
Although most post-surgical complications are not really fatal, they are apparent in the physical body. If you or your loved one has received poor enhancement services, you have to seek legal help immediately.
Proving Fault in a Medical Malpractice Lawsuit. Law.freeadvice.com
2014 Cosmetic Surgery Statistics. Smartbeautyguide.com