All surgical procedures carry a varying amount of risk. When a patient undergoes any type of surgery, they are required to be thoroughly informed about the inherent dangers associated with each procedure they undergo. In most cases, the surgeon and medical team performing the procedures are highly skilled, properly trained and experienced enough to perform the surgery without committing errors, but unfortunately, this is not always the case.
Like any other health care professional, plastic surgeons must exercise a high degree of medical competence and care when treating their patients. Failure to provide the highest level of skill, care, and treatment may result in medical malpractice. Medical malpractice is defined as a treatment that doesn’t meet accepted medical standards, and which causes injury or damage to the patient. By law, a surgeon must disclose all known dangers of each surgery and the likelihood that they will occur. Failures to disclose that information prior to the procedure will likely result in a medical malpractice suit if anything goes wrong.
This is where plastic surgery error cases vary from traditional medical malpractice cases. While juries are instructed to follow the strict letter of the law and only take available evidence into account when deliberating a case, it’s human nature to bring bias into the equation.
When it comes to elective medical procedures like plastic surgery, jurors are likely to bring prejudice against the patient into the deliberation room with arguments like, “he didn’t need that procedure done”, or “this could have been avoided if she was happy with the body she had”. These are all common views that anyone might have about a patient undergoing plastic surgery and anyone can become a juror.
The defense in a plastic surgery malpractice case is well aware of this fact, and will use it to minimize the pre-trial settlement offers. In these cases, an experienced medical malpractice lawyer can mean all the difference. With our 50+ years of combined experience in personal injury, we are confident that we can help you win your case. Reach out to us today to learn more about your legal options.