Cosmetic Surgery Malpractice Lawyer - Medical Injury Compensation Claims
Cosmetic surgery procedures are generally intended to rejuvenate and refresh appearance in order to beautify the patient however things do occasionally go wrong and the final appearance does not always turn out that way that the patient expected. The massively increasing numbers of cosmetic surgical procedures has been accompanied by a similar increase in the volume of cosmetic surgery medical malpractice claim settlements for injuries caused by both negligence and poor skills on the part of the surgeon or due to inadequate after-care which is always the ultimate responsibility of the surgeon notwithstanding that it may have been delegated to others in the organisation.
Over 50,000 people in Canada undergo cosmetic surgery procedures every year with several thousand dis-satisfied customers considering legal action. Our cosmetic surgery medical malpractice lawyers are experienced in claiming compensation for personal injury on behalf of clients who have suffered injuries or an unsatisfactory outcome in a variety of operations which have gone wrong including :-
- nose re-shaping
- breast enlargement
- breast reduction
- breast uplift
- gastric band & bariatric surgery
- lip implants
- eyelid surgery
- ear pinning or correction
- chin/cheek reshaping
- silicone implants (breast, buttock, calf, cheek, chin, pectorals etc)
Regulation & Control
Private cosmetic surgery in Canada is inadequately regulated regarding specialist qualifications. Cosmetic surgery clinics often employ doctors who are specialists in disciplines other than either plastic surgery or cosmetic surgery including general surgeons, dermatologists, ear nose and throat surgeons, ophthalmologists and other doctors where plastic surgery was only at the most, a necessary sideline inferior to the main discipline. It is not essential under Canadian rules for a doctor who carries out cosmetic surgery procedures to have specialist training. In these circumstances it is not surprising therefore medical malpractice is a common issue in matters involving cosmetic surgery. Examples of clinical treatment that can be considered to be negligent include failure to :-
- diagnose in a reasonable time frame
- advise of risks associated with treatment
- perform surgery with reasonable care and skill
- refer to a specialist or consultant
- provide appropriate treatment
- diagnose a medical condition
- provide adequate post-operative care
The most common cosmetic surgery compensation claims include :-
- failure to advise of the possibility of obtrusive scarring following a face lift
- poor as a result of dermabrasion, chemical peels and laser surgery to the face
- nerve damage following a face lift causing paralysis or loss of function
- poor results from rhinoplasty which is unsightly
- breast uplift resulting in unacceptable scarring, lack of symmetry or misplaced nipples
- breast reduction resulting in lack of symmetry or unacceptable scarring
- liposuction causing scarring, unevenness, perforation of vital organs
- failure by the doctor carrying out the cosmetic surgery to obtain ‘informed consent’ which requires a detailed explanation of risks and potential alternative procedures.
Not all procedures that have a poor outcome are the result of medical malpractice. A less than satisfactory outcome does not necessarily imply negligence justifying compensation. Medical malpractice means that the practitioner has failed to excessive reasonable skill and care. This does not require the doctor to have acted perfectly nor does it require a perfect outcome. To ascertain whether or not your doctor is guilty of medical malpractice usually requires advice from a specialist lawyer.
Compensation Claim Settlements
The compensation settlement in medical malpractice compensation claims is intended to put the injured person back into the position they would have been in had the injury caused by negligence not occurred. The financial award may contain monetary compensation to cover some or all of the following elements:-
- loss of wages
- future losses
- pain & suffering
- cost of care
- cost of medical treatment
- loss of lifestyle
There are time limits for talking legal Action to claim damages for personal injury caused by medical negligence in Canada. If you are in any doubt about the statute of limitation for your potential cosmetic surgery compensation claim you should take qualified advice from a specialist lawyer without delay. Once the time limit has expired the opportunity to receive an award of damages may be lost forever.
The doctrine of ‘informed consent’ regularly features in medical malpractice compensation claims relating to cosmetic surgery. A patient is entitled to receive advice from the surgeon who is to carry out the clinical procedure relating to all of the possible outcomes and the risks of the surgery prior to signing the consent for the operation to proceed. Failure to fully inform a patient can in due course amount to a criminal assault.
A very large proportion of cosmetic surgery medical malpractice claims relates to inadequate aftercare. Notwithstanding the fact that surgery may have been carried out skilfully, the patient is often put at risk due to failure to the control of infection. Many surgeons abrogate their responsibilities once the surgery is finished and leave aftercare to less well qualified staff. The surgeon does however remain liable for after-care and is usually responsible for the failings of less well qualified staff under his authority.
Cosmetic Surgery Medical Malpractice Lawyers
If you are unhappy with the outcome of any cosmetic surgery you should initially discuss your reservations with the surgeon who carried out the work to see if he has any proposals to rectify the problem. The surgeon may be willing to make a refund or may provide further corrective surgery. If you are unable to resolve the matter directly with the surgeon you should take advice from a cosmetic surgery medical malpractice lawyer with a view to claiming compensation. Our cosmetic surgery medical malpractice lawyers offer advice at no cost on liability and an estimate of the amount of compensation that you are likely to be awarded, with no charge and without obligation.