What are the Most Common Types of Plastic Surgery Malpractice Claims?
There are many reasons why a person may seek treatment from a plastic surgeon. Though we tend to think of these professionals as providing vanity-related services meant to augment or improve on a person’s looks for cosmetic reasons, the truth is that they also provide invaluable services to those whose physical appearance has been impacted by automobile accidents, birth defects, or disease. One way to distinguish between the two types of services is whether or not a procedure is likely be covered by medical insurance: where those procedures that are strictly elective and meant to improve appearances are generally paid out of pocket, while those that are deemed medically necessary are generally covered by insurance policies. Similarly, there is a disparity in terms of what drives the most common types of plastic surgery malpractice claims. Though many of these claims are filed as a result of infections, scarring, or pain, in most cases they are a matter of patients being dissatisfied with the results that they see. At Jonathan Perkins Injury Lawyers, we are here to provide our clients with knowledgeable representation and legal counsel as to whether they are eligible to file a claim for medical malpractice. If you have questions about your personal situation, we can help.
When a person files a medical malpractice case against a physician, there are certain factors that must be present in order to win. The easiest of these to prove is that there was a doctor/patient relationship between the two parties, while the more complex issue is often whether the physician provided services that fall short of what would be expected of a similarly experienced practitioner under the same circumstances. The other thing that must be proven is that damage was caused and that the practitioner was responsible for that damage. In the case of plastic surgery procedures, if the complaint is that the practitioner caused scarring, infection, burns, or some other type of diagnosable injury, the case is relatively straightforward to prove. However, in roughly 29% of plastic surgery medical malpractice cases the claim is based on patient dissatisfaction with the results. Further investigations have shown that this dissatisfaction is often a result of either poor communication between the patient and physician regarding the reasonable expectations that they should have of their outcomes, or the patient not adhering to the physician’s post-care instructions.
There is no doubt that by improving communications regarding what the expected outcomes of a plastic surgery procedure should be, as well as the importance of complying with post-operative instructions, a good number of plastic surgery medical malpractice cases can be prevented. However, for the many cases that are a result of a physician failing to provide the duty of care that is expected and causing real and measurable damage, the patient is entitled to compensation for the harm that they have suffered. At Jonathan Perkins Injury Lawyers, we will take the time to fully investigate your situation so that we have a good understanding of the damages you’ve incurred and provide you with legal counsel and representation appropriate to your case.