Cosmetic surgeries are a confidence booster for many individuals. However, patients only stand to enjoy the benefits that come with it when the procedure is rightly done. Surprisingly, there has been an increase in the amount of medical cosmetic surgery malpractice being reported. Victims find their appearances and, sometimes, their lives completely altered by the negligent and sometimes reckless act of the surgeon.
“Although medical malpractice cases involving cosmetic surgeries are always complex, requiring multiple forms of evidence, it is worth pursuing a claim if you believe you have been a victim of negligence,” says attorney Michael Duffy of Duffy & Duffy, PLLC.
If you are a victim of cosmetic surgery-related medical malpractice, there are legal remedies that you can explore.
Essential Components of Cosmetic Surgery Malpractice
The core components of cosmetic surgery malpractice are similar to the key elements of medical malpractice. These components must be proven to establish or build a strong cosmetic surgery claim.
First, there must be a clear establishment of the duty of care, which is not always a problem for many victims. This is because every surgeon is expected to work following a very high standard of care, and anything short of this makes them liable for the outcome. With the duty of care established, you must go on to show that there was a clear breach of that duty, which can take different forms; it could be an inadequate diagnosis, leaving medical equipment in the body, or wrong prescriptions, for example.
Then, victims must also show through detailed documentation that they suffered actual harm, which could be physical, psychological, financial, or a combination of one or more. Finally, you should note that it is not enough to suffer an injury, but you must show that it was directly caused by the actions of the surgeon.
Key Legal Steps to Take After a Cosmetic Surgery Malpractice
If you suspect that you have been a victim of cosmetic surgery malpractice, here are some important legal steps you can take to make a strong claim and secure the right compensation.
Consult a New York Medical Malpractice Attorney
One of the first and most important steps to take after a botched procedure is to contact a medical malpractice attorney. While the cosmetic procedure may be simple, filing a medical malpractice claim after your procedure may not be as straightforward.
Before making legal decisions or filing a claim, you may need to hire and consult with a medical malpractice attorney. It is recommended to work with someone who specializes in cosmetic surgery in New York to assess your case and file a claim. This reduces the likelihood of costly mistakes and increases your chances of getting the justice and compensation you deserve.
Gather Relevant Supporting Evidence
The strength of your evidence determines the validity of your medical malpractice claim. Your evidence will include medical records and expenses, personal photographs, voice recordings and videos, expert opinions and testimonies, and witness reports. The evidence should strongly connect the harm or losses you have experienced to your surgeon’s negligence through error or inaction.
Establish Negligence or Malpractice
This is a critical aspect of any medical malpractice claim in New York. With the help of legal counsel, you can prove that the standard of care you received before, during, and after your cosmetic procedure or surgery was subpar. Then, you can establish that this contributed directly to your injury or worsened your condition.
File a Claim to Start the Legal Process
Once you’ve accumulated precise and convincing proof, it’s time to file and pursue your case. You can bring a medical malpractice lawsuit against the cosmetic surgeon, their employer, or the medical institution. According to the New York statute of limitations, this claim must be filed within 30 months after the day of the malpractice or negligence.
Conclusion
Before you go under the knife for cosmetic surgery, you must understand your legal rights. That way, you can know what is expected of the medical team handling your case and hold them accountable when they fall short of that standard. If you have gone through the procedure and suffered harm, then you should immediately consult a personal injury attorney.