Cosmetic surgery is a medical procedure often intended to improve the physical appearance of a patient, whether it is through a nose job, a face lift, breast augmentation, liposuction, or collagen injections. While you may be unhappy with the end result, is that enough of a reason to file a medical malpractice claim?
Proving Medical Malpractice
If you plan on being successful in your medical malpractice claim, as a patient, you must prove the following:
1. A doctor-patient relationship existed;2. The surgeon owed you a duty to exercise a high standard of care that a reasonable surgeon would exercise in the same circumstance;3. The surgeon breached that duty by failing to exercise the expected standard of care; and4. You suffered an injury as a result of the surgeon’s breach.
Like all medical professionals, cosmetic surgeons owe a high duty of care to their patients. When a relationship is established, a doctor has the duty to possess the medical skill and knowledge required of a reasonable competent doctor and a duty to exercise reasonable care, skill, and diligence as surgeons in a similar field would.
If medical malpractice does exist, you may be entitled to the following damages:
• Economic losses;• Mental and emotional suffering;• Past and future medical costs; and/or• Punitive damages.
However, it is important to note that medical malpractice claims are quite complex, especially when they deal with cosmetic surgery. Surgeons may use several defenses to claim they did nothing wrong, such as the patient was negligent and failed to take care of themselves or that they adhered to the applicable standard of care they owed a patient.
If you or a loved one has been injured by medical malpractice, you should speak to one of our Indiana medical malpractice attorneys at Langer & Langer today.