When it comes to cosmetic surgery, a botched procedure does not automatically mean you can file a medical malpractice claim. There are certain criteria that your claim has to meet to move forward with the insurance company or the court. If you had a botched procedure performed, here is what you need to know.
Why Is It Challenging to Sue for Botched Cosmetic Surgery?
If you file a claim for medical malpractice against your cosmetic surgeon, you could run into a number of challenges. One of the main ones you could face is the belief that the surgery was unnecessary. Many procedures are elective, and unfortunately, the decision to alter or enhance your appearance could be negatively viewed by jurors.
Another potential challenge focuses on the results of the surgery. Although you might not be happy with the results or consider the procedure to be botched, the insurance company might not agree. More importantly, a jury might not agree.
Even though winning your claim might be challenging, there are some situations in which a jury might be more than willing to side with you. For instance, if you suffered an infection, scarring, or nerve damage, you might have greater success in your case.
What Do You Need to Prove in Your Case?
Although it might be challenging to win your claim, continuing with it is still a possibility. To move forward with your case, you need to prove the basic requirements of medical malpractice law.
For instance, you have to establish that you and the surgeon had a relationship. Since he or she performed the procedure, the first requirement is met.
You also have to prove that the surgeon failed to act in a safe and reasonable manner that is the standard for that particular procedure. For instance, if the surgeon failed to give you antibiotics before the procedure to prevent infection and doing so is the standard, you could argue that he or she failed to act in a safe manner.
In addition to these requirements, you have to prove that you suffered real injuries and that the cosmetic surgery was to fault. For instance, if you are suing for excessive scarring, you could point to the surgeon as the reason for the scarring.
Before dismissing the idea of suing your surgeon, talk to a personal injury lawyer, like Donald R. Capper, Attorney at Law. He or she can review your case and the laws in your state that pertain to cosmetic surgery to determine if you truly have a claim.
Share16 March 2017
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