When Cosmetic Surgery Procedures Go Wrong

Whether you are going under a cosmetic surgeon’s knife to remove a mole or to get a facelift, you probably have certain expectations about the results of the surgery – but you certainly do not go in expecting to come out of surgery in a worse condition than when you went in. And even though every surgical procedure carries some amount of risk, the pure visibility of cosmetic surgery can make a physician’s error seem all the more devastating.

Cosmetic surgery statistics

Cosmetic surgical procedures are gaining popularity in the United States every year. With the focus on youth in our culture, people turn to plastic surgery to alter their physical appearance and diminish the signs of aging. In the U.S. alone:

• There are nearly 14.6 million cosmetic surgical procedures performed each year
• The fatality rate for cosmetic procedures is one in 13,000. The fatality rate for any surgical procedure is one in 250,000
• 91 percent of cosmetic surgeries are performed on women. 75 percent of those surgeries are performed on women between the ages of 40 and 55 years old.

What are some of the causes of cosmetic surgery mistakes?

There is an unfortunate trend of procedures being performed at spas and out-patient medical clinics by non-plastic surgeons. Doctors can take weekend courses in certain procedures and then advertise those services. Cosmetic surgeons have a duty to act in a reasonable manner and perform in a way that any other surgeon in their position would perform. When a surgeon makes a mistake and fails to meet the minimum standards accepted in their profession and the patient suffers an as a result, the patient may hold the physician accountable for damages.

Some of the more common causes of cosmetic surgery mistakes can include:

• Non-plastic surgeons performing cosmetic procedures
• Operating on the wrong body part
• Working outside of the scope of the patient’s informed consent
• Using nurse anesthetists instead of a professional anesthesiologist to save money
• Performing surgery in a clinic away from a hospital and unable to deal with emergency complications

What damages are available to those who have been injured by a cosmetic surgeon?

Patients who have suffered an injury at the hands of a cosmetic surgeon may be able to bring a negligence claim for non-economic, economic and in extreme cases, punitive damages which are available in both Washington, D.C. and West Virginia.

Non-economic damages include injuries for intangible issues such as a person’s pain and suffering and mental anguish over the injury. In the case when a patient dies due to a medical error during a cosmetic surgery procedure, their surviving loved ones can bring a wrongful death lawsuit.

Economic damages include tangible, economic losses such as lost income, medical bills and other medical expenses associated with the injury.

Punitive damages may be awarded in cases where the physician’s actions or their failure to act was proven to be malicious. Punitive damages compensate the victims of the wrongdoing of another for the purpose of deterring and punishing wrongdoing. It is extraordinarily rare to collect punitive damages in a medical negligence case.

For more information about medical malpractice for cosmetic surgery procedures, we invite you to contact Paulson & Nace, PLLC. We are proud to help people throughout Washington, D.C. and West Virginia.