Cosmetic Surgery Malpractice in New York

By February 5, 2024

doctor plastic surgeon conducts an operation of a female patient to reduce the shape of the noseA growing number of people are changing their appearance through cosmetic surgery and other procedures. While many of these people are satisfied with the results of these procedures, others may suffer injuries, disfigurement, or other complications due to medical negligence. At Poissant, Nichols, Grue, Vanier & Babbie P.C., we’ve helped many victims of cosmetic surgery malpractice recover the compensation they’re entitled to.

Cosmetic Surgery in New York
The term “cosmetic surgery” refers to surgical procedures intended to improve a person’s appearance. These procedures are sometimes used to treat people that have sustained serious injuries but aren’t a treatment for medical conditions.

Cosmetic surgery can be used to reduce scarring or repair disfigurement caused by injury. However, many procedures are entirely elective. Some of the most popular forms of cosmetic surgery include:

  • Nose Augmentation (Rhinoplasty)
  • Eyelid Surgery (Blepharoplasty)
  • Breast Augmentation
  • Liposuction
  • Tummy Tucks
  • Facelifts
  • Skin Resurfacing

Types of Cosmetic Surgery Malpractice
Not everyone dissatisfied with the results of a cosmetic procedure is a victim of malpractice. However, if the medical professionals you worked with failed to inform you of the risks associated with your procedure, or if they failed to identify safety risks or follow safety protocols, they may be guilty of medical negligence.

In the world of cosmetic surgery, surgical errors are one of the most common forms of medical negligence. These errors often occur because the surgeon lacks experience and makes major mistakes before, during, or after the procedure. Some examples of cosmetic surgery errors include:

  • Leaving a patient with excessive scarring
  • Performing a procedure on the wrong body part
  • Nerve damage
  • Mistakes resulting in infection
  • Going beyond what the patient has consented to
  • Performing surgery without the necessary experience
  • Performing surgery without a license
  • Anesthesia errors

These errors could result in permanent scarrings, disfigurement, and serious health issues, such as organ damage or blood clots. If you believe your cosmetic surgeon showed medical negligence, you should speak with a medical injury lawyer as soon as possible.

Damages for Cosmetic Surgery Malpractice in NYC
In New York, it’s necessary to meet specific criteria when filing a claim for cosmetic surgery malpractice. Patients must establish that:

  • There was a patient-doctor relationship between the victim and the surgeon
  • The surgeon engaged in medical negligence
  • That negligence resulted in injury
  • Damages were suffered as a result of that injury

New York also has a statute of limitations on malpractice claims. A claim must be filed within two years and six months of the date when the injury occurred or the date when treatment ended. As long as a claim meets the above criteria, victims have the right to seek both economic and non-economic damages.

Economic Damages
Economic damages are cost directly related to the injuries caused by the surgeon. This could include medical expenses, loss of wages, and other financial losses caused by the injury. Victims can also request that they be reimbursed for payments made to the cosmetic surgeon.

Non-Economic Damages
In some cases, victims may also be eligible to seek losses for indirect losses they’ve suffered. For example, people who have suffered permanent disfigurement or injury can seek damages for pain and suffering. Victims may also be able to seek damages for physical pain, emotional trauma, and other factors. Courts consider many factors when deciding how much a victim should be awarded, including the severity of the injury and the length of time it will take for the victim to recover.

The courts may also award punitive damages if a surgeon engages in extreme negligence or malicious behavior. These damages are intended to serve as a punishment for reckless or malicious conduct.

How Medical Malpractice Lawyers in NYC Can Help
People seek cosmetic surgery because they’re hoping for positive results. Unfortunately, some people experience injuries, trauma, and other damages due to the negligence of medical providers. If you or a loved one is a victim of medical negligence from a cosmetic surgeon, Poissant, Nichols, Grue, Vanier & Babbie, P.C. can help.

We go above and beyond to ensure that our clients are properly compensated for the damages they’ve suffered. With our help, we’ll collect evidence and build a strong case on your behalf. We’ll fight to collect the maximum compensation that you’re entitled to. Call us today at (518) 483-1440 to learn more or request a consultation.

All initial personal injury consultations are free. Contact our office regarding any matter at any time.

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