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When many people think of surgeons committing medical malpractice, they think of mistakes made during major operations like open-heart surgery, joint replacement, and organ transplantation. When surgeons make mistakes during these procedures, patients can develop serious and often fatal complications.
However, there’s another type of surgery where major mistakes can happen that can also put patients at risk of developing severe, life-altering health problems: cosmetic surgery. Although cosmetic surgery is voluntary and chosen by patients, cosmetic surgery patients still face risks, especially when their surgeons are poorly trained, inexperienced, or negligent.
If you or someone you love was harmed during cosmetic surgery, here’s what you need to know about holding your surgeon liable for medical malpractice.
Medical malpractice occurs when healthcare professionals, such as cosmetic surgeons, deviate from the standard of care in the medical community and injure or harm patients.
In cosmetic surgery, this could mean an error during the operation, post-operative negligence, or even failing to adequately inform the patient about the risks associated with the procedure.
To have a valid medical malpractice claim against a cosmetic surgeon, four key elements must be proven:
Common types of malpractice in cosmetic surgery include:
Many people think that signing a waiver, release of liability, or consent form before their cosmetic procedures means they can’t sue their surgeons or pursue compensation via medical malpractice claims. While consent forms do provide some degree of protection to cosmetic surgeons and their clinics, they don’t shield them from all liability, especially if complications or harm outside the norm for the procedure occurred due to negligence.
If you’re thinking about filing a claim against a cosmetic surgeon and you signed a consent form, here’s what you need to know about its purpose and role in your claim:
In a medical malpractice lawsuit, the standard of care and whether it was breached is a critical consideration. Even if you signed a consent form, you may still have a valid claim if your surgeon failed to meet the standard of care.
In addition, the interpretation of consent forms and their enforceability can vary. The specifics of each case, the language of the consent form, and the circumstances under which it was signed can all influence legal outcomes. An experienced lawyer can review your consent form and determine which parts, if any, hold up in the eyes of the law, especially if you were harmed because of your surgeon’s negligence.
If you believe you are a victim of cosmetic surgery malpractice, it's important to act quickly due to the statute of limitations in Ohio. You have just one year from the date of your surgery or when you believe malpractice occurred to file a claim against the surgeon, clinic, or hospital where your surgery took place.
The Ohio medical malpractice attorneys at Nurenberg, Paris, Heller & McCarthy know how devastating cosmetic surgery mistakes and negligence can be for patients. Disability, disfigurement, infection, scarring, and more can change your life forever. Contact us today to learn how we can help you get the compensation you deserve.
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