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Cosmetic Surgery And Medical Malpractice: Common Faqs

Law Blog

Medical malpractice claims are some of the most complicated types of personal injury claims, and hiring a medical malpractice lawyer with ample experience is important. However, if you will be filing a claim due to what you believe to be botched cosmetic surgery, finding a good lawyer becomes even more important. Here is a look at some of the most common questions people tend to have about cosmetic surgery and medical malpractice claims. 

Are there time limits with a medical malpractice claim for botched cosmetic surgery?

Just as with any other medical malpractice or personal injury claim, there is a statute of limitations that will apply to your case and your ability to file a claim. Each state sets forth these time restraints on their own, so it is best to get familiar with the statute of limitations laws in your state. In some states, you may only have a year to file a claim, while others may give you longer than that. It is also important to know that the time can start from the time of the surgery and not at the time when you discovered your injury or vice versa. 

Are infections something you can sue for after cosmetic surgery?

When you agree to have cosmetic surgery, you should be informed of the risks that are associated, and infection is definitely one of the risks that you should be informed about. Of course, there are situations when infections can stem from some form of malpractice before, during, or after surgery. Therefore, if you have an infection, it never hurts to talk to a medical malpractice lawyer to determine if there is any negligence involved or if you were not properly informed of your risks. 

Why are cosmetic surgery cases often deemed as more complicated?

Cosmetic surgery malpractice is often deemed as more complicated when compared to other types of medical malpractice because there is another element that can interfere with the outcomes of these surgeries. In some cases, simply being dissatisfied with the outcome of the procedure will push the desire to file a lawsuit. Even though it would be easy to assume the doctor is at fault if you are not happy with the outcome, this can be more of a matter of opinion than malpractice. Some of these cases will actually require a jury to establish a fair decision about whether dissatisfaction bleeds into malpractice. 

Contact a medical malpractice lawyer for more information. 


16 December 2019