In the past decade or so, the cosmetic surgery industry has exploded. Since it’s an “elective” or non-medically necessary procedure, many plastic surgeons offer their services through commercial advertisements. Procedures have come a long way since the early days, and many new treatments have been developed – treatments that can be preformed by individuals without proper training or credentials. Because of this, cosmetic surgery is one of the most common areas for medical malpractice.
Each year, millions of Americans undergo a cosmetic procedure. It can be non-invasive like Botox and laser skin rejuvenation, or a complicated surgical procedure like breast augmentation, liposuction, rhinoplasty or tummy tucks. While many procedures are successful, there are the few but significant cases that result in serious health problems.
Cosmetic surgery is a complex and highly specialized procedure. If the surgeon is inexperienced or not properly trained, dire consequences can occur, such as permanent disfigurement, physical injury or even death. Recovery from cosmetic procedures can be a long and painful process, especially for invasive surgery. However, the following complications may arise from careless or negligence:
Strictly speaking, plastic surgery and cosmetic surgery are not identical, although most of the public uses these terms interchangeably. Plastic surgery is generally performed for traditional medical reasons – to correct a disfigured face resulting from a car accident, for example. Cosmetic surgery, by contrast, is elective, and it is generally undergone by people with no disfigurements to enhance their appearance or sexual attractiveness. Although cosmetic surgery might be classified as a subspecialty of plastic surgery, we will use these terms interchangeably for the sake of convenience.
Being qualified to practice medicine doesn’t automatically make you qualified to practice plastic surgery, any more than having a general driver’s license qualifies you to drive an 18-wheeler truck. Unfortunately, however, some plastic surgeons lack the training and experience necessary to perform highly complex operations, and the results of a mishap can be disastrous.
Although performing a plastic surgery procedure without certification from a particular certifying board – such as the American Board of Facial Plastic and Reconstructive Surgery or the American Board of Otolaryngology – is not in itself illegal, it might suggest that the doctor lacks the proper training or experience to safely perform these procedures. Of course, if your plastic surgeon lacked a license to practice medicine at all, you could pursue criminal charges in addition to a lawsuit.
Yes. Since a “mere” cosmetic defect can drastically affect your social life, your employment opportunities, and your psychological well-being, Illinois medical malpractice law treats cosmetic defects as real even if they don’t cause you physical pain or medical problems. Psychological distress is a form of noneconomic damages, and courts frequently award plaintiffs noneconomic damages in amounts far greater than economic damages such as medical expenses.
Not by itself. Even a doctor cannot absolutely guarantee satisfactory results. A successful claim requires you to show that your dissatisfaction constitutes actual harm, and that this harm resulted from the doctor’s deviation from a professional standard of care.
Yes, most of the time. Generally speaking, the mere fact that you signed a consent form will not prevent you from winning a medical malpractice claim, because Illinois law does not allow medical patients to consent to negligence. The only way that signing a consent form is likely to stand in your way would be if your claim was based on the assertion that you were not informed of the risk of, for example, a postoperative infection, and the defendant introduced a consent form with your signature on it in order to prove that you had in fact been informed of that particular risk.
In other words, if the harm that you risked actually occurred but was the result of an unavoidable risk rather than medical negligence, your chances of winning a lawsuit on this basis are slim; but if the harm that you risked was avoidable yet happened anyway due to medical negligence, the fact that you signed a consent form will not help the defendant.
There mere fact that an adverse event arising from medical treatment caused you harm is not enough by itself to establish medical malpractice. In addition to showing harm, you must prove that your plastic surgeon’s conduct failed to meet a professional standard of care, and that this failure is what actually caused the harm that you are complaining about. Whether or not your plastic surgeon met the applicable standard of care is not always obvious. Determining whether or not your claim is valid might require an investigation, and proving your claim in court might require the testimony of a medical expert who has been briefed on your case.
In medical malpractice lawsuits based on negligence, Illinois law requires the plaintiff (the person filing the lawsuit) to obtain and submit to the court a Certificate of Merit. A Certificate of Merit is a document issued by a medical professional that certifies that the plaintiff’s claim is reasonable and has some merit. It does not, of course, provide an absolute guarantee that the claim is valid – it only certifies that the claim has a reasonable chance of success in the opinion of the medical professional who issued it. This requirement is designed to prevent dissatisfied patients from clogging court dockets with frivolous medical malpractice lawsuits.
If you have suffered a debilitating injury from a substandard plastic surgery procedure, contact the Chicago malpractice lawyers at the Offices of Malman Law for a free and confidential case evaluation. We will examine the facts and your injuries, and advise you about what to do next. We have been working diligently for personal injury clients for almost two decades.
We know all the potential pitfalls, and we can get you the maximum compensation for the hardships you’ve undergone. The moment you decide to retain our malpractice lawyers in Chicago, we get to work for you right away. We will call your insurance company and the negligent party and inform them of your claim.
We will have our on-staff nurse assess your injuries and determine your recovery amount and healing time. And we’ll work hard for you until that money is in your hand. If we are unable to come to an agreement about your settlement amount, we will not hesitate to take your case to court.
To better serve our clients, Malman Law employs a full time Registered Nurse with over 30 years experience working and operating various nursing homes throughout Chicagoland. Our nurse is dedicated to reviewing all of the nursing home and medical malpractice cases to assist in the prosecution of the cases.
The experienced Chicago personal injury attorneys of Malman Law can advise you for no charge and at no obligation. Just contact us or request a free case evaluation, and we will immediately get back to you. If you do retain our services, we provide a ZERO fee guarantee. If we are unable to win a settlement for you, our services are free.
Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.
Steven Malman was selected to the list. The list is issued by the Million Dollar Advocates Forum. A description of the selection methodology can be found at https://www.milliondollaradvocates.com/Membership-Application-&-Qualification-Procedure.
Steven Malman was selected to the list. The list is issued by Newsweek.com. A description of the selection methodology can be found at https://www.newsweek.com/insights/legal-superstars-2015.
Steven Malman was selected to the list. The list is issued by Best Attorneys of America. A description of the selection methodology can be found at https://www.bestattorneysofamerica.com/membership/the-selection-process/.
Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.
Steven Malman was selected to the list. The list is issued by America’s Top 100, LLC. A description of the selection methodology can be found at https://www.americastop100attorneys.com/selection-methodology/.
Steven Malman was selected to the list. The list is issued by Lawyers of Distinction. A description of the selection methodology can be found at https://www.lawyersofdistinction.com/how-to-become-a-member/.
Steven Malman was selected to the list for 2018-2019.
Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.
Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.
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