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Cosmetic Surgery and Malpractice: Issues and Challenges Facing the Victims of Cosmetic Surgery Malpractice

October 04, 2015

Cosmetic surgeries have become increasingly popular throughout the past decade. With continuing advances in medical instruments and surgical capabilities, cosmetic surgeries can greatly enhance the life and happiness of individuals across the country. However, just like any other type of surgery, such procedures can carry the risk of medical negligence. While most cosmetic surgeons are well trained and will properly perform their job, some surgeons will act or fail to act in the manner required by professionals in their field, resulting in injuries and a potential medical malpractice action.

What is a Cosmetic Surgery?

A cosmetic surgery is generally any elective surgery that alters or enhances a part of your body. Cosmetic surgery encompasses everything from surgeries to repair serious burns to facelifts or breast reductions/enhancements. Plastic surgery is related and includes reconstructive surgery. Cosmetic surgery is not often covered by health insurance due to its elective nature, though some plastic surgeries like skin grafts might be covered.

Issues Surrounding Medical Malpractice and Cosmetic Surgery

There are several common types of medical malpractice that occur during cosmetic surgeries. Instances of malpractice often include surgical errors, such as botched surgeries that leave the patient disfigured. Other problems can include post-operative infections, complications due to anesthesia, and the negligent injection of drugs.

A major issue within the field is inexperience among surgeons. Cosmetic surgery is a lucrative field, particularly because it often involves immediate payments and no health insurance delays. However, it can sometimes draw unqualified surgeons. Inexperienced surgeons can make serious mistakes that could jeopardize the lives of patients. For this reason, if you are considering cosmetic surgery, carefully research your potential surgeon to ensure he or she is an experienced, board certified professional.

Winning a Cosmetic Surgery Medical Malpractice Lawsuit

Cosmetic surgery medical malpractice actions come with some unique challenges. Jurors can have a negative bias toward this type of surgery. For example, the general consensus among jurors can be that you did not need this surgery, and that you should not be so quick to blame the surgeon who performed the optional operation.

Jurors have been known to award lower damages to cosmetic surgery medical malpractice victims due to the bias against this surgery. Jurors sometimes wrongly assume that victims can afford such surgeries, and therefore do not need a large award. Other jurors might blame the victim for selecting an inexperienced cosmetic surgeon in the first place, especially if they have undergone successful plastic surgery.

To combat these unfortunate stereotypes and biases, you will need a skilled medical malpractice attorney. Your  attorney will be able to present your case in the best possible manner so as to prove to jurors the extent of your injuries and need for full compensation.

Montlick and Associates, Attorneys at Law: Exceptional Medical Malpractice Attorneys

If you have been injured due to a cosmetic surgery that might have involved medical malpractice, the Medical Malpractice Attorneys at Montlick and Associates, Attorneys at Law, are here to help. Our firm has over 38 years of experience in the industry. We represent malpractice victims throughout the State of Georgia and in the Southeast. The sooner you act after uncovering the medical professional's negligence, the greater your chances of obtaining a full recovery for your injuries. As such, do not delay in seeking legal assistance. Call Montlick & Associates, Attorneys at Law, 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.