If you decide to get plastic surgery, you expect to see an improvement in your appearance. Whatever procedure you choose, liposuction, breast augmentation, tummy tucks, face lifts, or botox injections, you put your trust in the plastic surgeon and the health care professionals to take care of you and keep you safe during your medical procedure.
Unfortunately, some cosmetic procedures end in trauma, serious injury, or even deformities, disfigurement, and in tragic cases, wrongful death.
At times like this, it’s important to have a New York plastic surgery malpractice lawyer that you can trust.
If you think that you have been the victim of plastic surgery malpractice and are wondering if you can file a medical malpractice lawsuit, the Jacob D. Fuchsberg Law Firm can help.
Our medical malpractice lawyers will give you a free consultation and we will review your case to determine if you have a viable claim.
Call 212-869-3500 or contact us online for a free case evaluation.
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How our cosmetic surgery malpractice attorneys at Jacob D. Fuchsberg Law Firm can help
The Jacob Fuchsberg Law Firm has handled thousands of medical malpractice cases for over 40 years. Our medical malpractice attorneys are ready to help you if you’ve suffered an injury as a result of negligent medical care during a surgical procedure.
We have helped hundreds of our clients get financial remuneration, many times, in the millions of dollars, because we are dedicated to achieving justice for our clients. Our personal injury lawyers value the attorney-client relationship and we can help when the unimaginable happens.
Common plastic surgery malpractice cases in New York
Medical malpractice occurs when a hospital, doctor, or health care worker fails to follow the recognized standard of care resulting in injury to the patient.
It is expected that doctors have a duty of care to patients that are considered acceptable by other health care professionals.
If an injury occurs and the patient can prove that the injury resulted because the doctor failed to provide a reasonable standard of care, the patient may have a malpractice case. Here are some common medical malpractice types:
- Excessive Scarring: Surgeries may typically leave a scar, but you would not expect one after getting plastic surgery. After all, you get plastic surgery to improve your appearance not to leave a scar. If you have excessive scarring after your plastic surgery, your doctor may have been negligent.
- Botched Nose Jobs: Rhinoplasty, otherwise known as a nose job, is a reshaping of the nose for a different appearance. If your surgeon caused injury, infection, or disfigurement because of negligence, you may be eligible to file a malpractice claim.
- Nerve Damage: After your surgery, you might feel tingling, numbness, or a complete loss of sensation in the area where the surgery was performed. In this case, you may have suffered nerve damage. If the nerve damage was caused as a result of medical malpractice because your surgeon was insufficiently careful, you may have a case.
- Persistent Pain: If you have pain after your surgery that lasts longer than six months, it’s considered chronic pain. If your doctor knows you have been suffering from chronic pain, your doctor may try to control the pain by prescribing prescription medication. Some of these pain medications are highly addictive. If you become addicted to the medication, you may be able to claim malpractice.
- Leaving Surgical Instruments Inside the Patient’s Body: It almost seems unbelievable, but doctors do sometimes leave surgical instruments inside the patient’s body. If this happens, further surgeries may be needed to remove the instrument. This can lead to a longer recovery time, higher medical bills, and a possible malpractice suit on the part of the doctor.
- Potentially Fatal Infections: Hospital-acquired infections are common and, if undiagnosed and untreated, can lead to more serious conditions like sepsis. If the hospital failed to follow the proper practices to prevent infections, a medical malpractice case can be brought against it.
- Anesthesia Errors: A number of different errors can be made by an anesthesiologist that can result in medical malpractice. These include administering the wrong dose of anesthesia, administering the wrong type of anesthesia, or failure to put the patient under anesthesia.
How does plastic surgery malpractice happen?
If you are injured because of negligence on the part of a doctor, health care professional, or medical facility, you could be eligible to file a medical malpractice claim. It is extremely unfortunate when these incidents occur, but when they do, a thorough investigation that exposes the causes is warranted.
Cosmetic surgeons and other health care professionals try to provide medical assistance under the standard of care, but they are human and make mistakes.
A malpractice claim will help to investigate possible mistakes, help the injured patient, and make sure that the mistake won’t happen again to future patients.
Some of the reasons malpractice happens include the following reconstructive surgery and plastic surgery procedures:
- Preoperative Errors: Before the operation, anesthesiologists may administer the wrong type of anesthesia or the incorrect amount of anesthesia.
- Surgical Errors: The surgeon may perform an incorrect procedure, may leave instruments or other objects inside the patient’s body, or may operate on the wrong body part.
- Insufficient Experience: Patients put their trust in medical professionals and expect them to be properly trained and experienced. Unfortunately, this is not always the case and health professionals’ lack of experience or training can result in patient injury.
- Informed Consent: Your surgeon should thoroughly explain the procedure, all its steps, and the risks involved as well as what can happen during the recovery period. The surgeon should also get your acceptance and acknowledgment of the explanations and risks in writing. Failure to do so is grounds for a malpractice claim.
- Medical History: Your surgeon should review your medical history to consider all possible factors including medications you are taking, any allergies you may have, and any past medical issues that may affect your surgery.
Even if one of these situations applies to you, you may feel reluctant to pursue a possible malpractice case. You might think that you don’t have a case because it was elective cosmetic surgery and wasn’t medically necessary.
Even though it was elective on your part, you still have rights and those rights don’t disappear if you’ve been injured as a result, regardless of the type of surgery.
The best course of action is to seek out professional legal advice to find out if medical malpractice occurred.
Get a free consultation with an experienced cosmetic surgery malpractice attorney today
Proving medical malpractice is not easy. Only experienced malpractice lawyers can navigate the complicated waters of proving that negligence led to your injury.
The Jacob Fuchsberg Law Firm can help.
Our medical malpractice and personal injury law firm has been serving clients in New York City for more than three generations. We have represented clients in all five boroughs of the city as well as in the tri-state area.
As a family-oriented law firm, we understand and emphasize the importance of relationships, and will treat you with the respect, compassion, and care you deserve.
If you or a loved one have been a victim of cosmetic surgery malpractice in New York, contact our firm today to discuss your legal rights and next steps. Let our family help yours.
Call 212-869-3500 or contact us online for a free case evaluation.