Cosmetic and Plastic Surgery Medical Malpractice

If you think that cosmetic surgery and plastic surgery were just two different names for the same specialty, you would be incorrect, but you would have plenty of company. It is a common misconception that cosmetic and plastic surgery are the same. The American Board of Cosmetic Surgery describes cosmetic surgery as focused on enhancing appearance, while plastic surgery is focused on repairing defects to reconstruct a normal function and appearance. If you underwent either cosmetic or plastic surgery and suffered an injury, or if you lost a loved one due to complications from a cosmetic or plastic surgery procedure, you may be able to take legal action against the responsible party.

Cosmetic surgical procedures include:

• Breast enhancement
• Facial contouring
• Facial rejuvenation
• Body contouring

Examples of plastic surgery procedures include:

• Breast reconstruction
• Burn repair surgery
• Congenital Defect repair
• Lower extremity reconstruction
• Hand surgery
• Scar revision surgery
• Skin rejuvenation

Common injuries from plastic or cosmetic surgical procedures

While millions of cosmetic procedures are absolutely uneventful, on some occasions, preventable medical errors can occur that cause injury to the patient. It is important to note that there is a difference between an unsatisfactory outcome and an injury.

Examples of injury from plastic or cosmetic surgery include:

• Temporary or permanent peripheral nerve injury
• Scarring
• Hematoma
• Deep Vein Thrombosis and Pulmonary Embolism
• Organ damage
• Anesthesia errors/ complications
• Excessive bleeding
• Allergic reactions
• Necrosis
• Death from surgical complications

Another factor in medical malpractice cases involving cosmetic and plastic surgery is that sometimes procedures are not performed in a hospital setting, rather they are done in a doctor’s office or in an outpatient center. When complications occur in a setting outside of the hospital and emergency medical intervention is needed, the patient may need to be transported to a hospital.

Elements of a plastic or cosmetic surgery malpractice case

The elements of plastic surgery malpractice are the same as for any other form of medical malpractice:

• The surgeon owed a duty of care to the patient
• The surgeon’s actions or failure to act represented a breach in the duty of care
• The patient suffered an injury due to the negligent actions of the surgeon
• The surgeon’s negligent actions directly caused the patient’s injuries

There is an accepted standard of care for every medical specialty. In proving causation, the plaintiff would have to prove that the surgeon’s actions differed from what a reasonably competent surgeon acting under the same or similar circumstances would have done. A breach of the standard of care is negligence. A person who has suffered an injury at the hands of their plastic or cosmetic surgeon may be able to take legal action against them and possibly the hospital or medical facility where they have admitting privileges. The statute of limitations for filing a medical malpractice lawsuit in the District of Columbia is three years (D.C. Code § 12-301(8)).

If you have suffered a serious injury from complications during a plastic or cosmetic surgery procedure, you are welcome to contact an experienced Washington, D.C. medical malpractice attorney at the law firm of Paulson & Nace, PLLC to discuss your case. Please call 202-463-1999 or use our contact form to learn more about our services.