Yes, you can sue a plastic surgeon in California for bad results, but there are specific legal requirements that must be met to have a successful claim. It’s important to distinguish between “bad results” that may stem from reasonable surgical risks and those caused by negligence, lack of skill, or failure to meet the accepted standard of care. Here’s how you can determine if you have a valid claim:
1. Medical Malpractice
If the bad results of your plastic surgery are due to negligence, incompetence, or a deviation from the standard of care expected of a medical professional, you may be able to file a medical malpractice lawsuit. In California, to win a medical malpractice case, you must prove:
- Duty of Care: The surgeon had a duty to provide competent care.
- Breach of Duty: The surgeon failed to meet the standard of care, which is typically established by expert testimony.
- Causation: The breach of care directly caused the bad results or harm.
- Damages: You suffered quantifiable damages, such as physical harm, emotional distress, or financial losses.
Common examples of plastic surgery malpractice include:
- Surgical errors, such as operating on the wrong body part or damaging surrounding tissues or nerves.
- Inadequate pre- or post-operative care.
- Failure to inform patients of the risks involved in the surgery, leading to uninformed consent.
2. Informed Consent
Plastic surgeons in California are required by law to provide patients with informed consent, meaning that before the surgery, the surgeon must explain all potential risks and complications. If a surgeon fails to disclose these risks and the patient suffers unexpected harm, it may form the basis of a lawsuit, even if the actual surgery was performed correctly. Lack of informed consent could give rise to a valid legal claim if you can prove that:
- The surgeon failed to inform you of significant risks associated with the surgery.
- You would not have agreed to the procedure if you had been aware of the risks.
3. Botched Surgery or Unacceptable Results
“Bad results” alone are not always grounds for a lawsuit. Some surgeries have inherent risks, and results might not meet the patient’s expectations even if everything was done correctly. However, if the outcome was severely disfiguring or resulted in significant injury, pain, or long-term disability, and this was due to negligence, it may constitute a strong case for malpractice.
4. Statute of Limitations
In California, there is a statute of limitations for filing a medical malpractice lawsuit. You generally have three years from the date of the injury, or one year from the date you discovered, or should have discovered, the injury, whichever occurs first. Missing this deadline can bar you from pursuing legal action.
5. Damages You Can Recover
If you win your lawsuit against the plastic surgeon, the types of compensation (damages) you may recover include:
- Medical Bills: Compensation for any corrective surgeries, hospital stays, and other related medical expenses.
- Lost Wages: Compensation for any income lost due to time off work related to the injury or recovery process.
- Pain and Suffering: Non-economic damages for the physical and emotional pain caused by the botched surgery.
- Punitive Damages: In cases of gross negligence, you might be awarded punitive damages to punish the surgeon for their reckless behavior.
6. Notable California Plastic Surgery Settlements
California has witnessed numerous significant settlements and verdicts in plastic surgery malpractice cases. Some examples include:
- $10 Million Settlement: Awarded for facial nerve damage following a botched facelift procedure, which left the patient permanently disfigured.
- $8.5 Million Settlement: Secured for a patient who suffered severe disfigurement after a negligent breast augmentation surgery, leading to lifelong emotional distress and corrective surgeries.
- $7 Million Settlement: Granted to a patient who developed severe infections and extensive scarring due to unsanitary surgical conditions during a liposuction procedure.
- $6.5 Million Settlement: Reached after a rhinoplasty procedure went wrong, causing nasal deformity and breathing difficulties, necessitating multiple corrective surgeries.
- $6 Million Settlement: Awarded for botched eyelid surgery (blepharoplasty) that resulted in permanent vision impairment and unsatisfactory aesthetic outcomes.
- $5.5 Million Settlement: Won by a patient who suffered burns and scarring due to the improper use of surgical equipment during a laser skin resurfacing procedure.
- $5 Million Settlement: Secured after a negligent tummy tuck procedure (abdominoplasty) led to severe infections and complications that required further medical treatment.
- $4.8 Million Settlement: Granted to a patient who experienced severe allergic reactions and complications due to improperly tested anesthesia during a cosmetic surgery.
- $4.5 Million Settlement: Won after an incorrectly performed buttock augmentation (Brazilian butt lift) caused nerve damage and permanent mobility issues.
- $4 Million Settlement: Awarded for a botched chin augmentation surgery that left the patient with permanent disfigurement and psychological trauma.
These settlements highlight the importance of maintaining high standards in cosmetic surgery and the legal recourse available to patients harmed by medical negligence.
Role of a California Medical Malpractice Attorney
To successfully sue a plastic surgeon for bad results, it is highly recommended that you work with a qualified medical malpractice attorney who can:
- Review the details of your case and help determine whether you have grounds for a claim.
- Gather and present medical records and expert testimony to prove negligence.
- Negotiate with the surgeon’s insurance company or take your case to court if a fair settlement cannot be reached.
A skilled attorney can guide you through the legal complexities and maximize the likelihood of obtaining compensation for your injuries.
Conclusion
While bad results from plastic surgery can be frustrating and disheartening, a lawsuit is only viable if there is evidence of negligence or failure to meet the standard of care. If you believe your plastic surgery resulted in harm due to your surgeon’s negligence, consulting with an experienced California plastic surgery malpractice attorney is the first step toward pursuing justice and compensation.
References
- California Medical Board. (n.d.). Guidelines for Physicians. Retrieved from MBC California
- California Department of Public Health. (2021). Medical Malpractice Statistics. Retrieved from CDPH
- American Medical Association. (2022). Plastic Surgery Standards of Care. Retrieved from AMA