Plastic surgery patients often have a specific result in mind, so an outcome that falls short of expectations can be upsetting. However, disliking the results does not automatically mean your plastic surgeon committed medical malpractice.

A malpractice claim generally requires evidence that the surgeon failed to meet the applicable standard of care and caused an injury. When a poor result involves negligent medical care rather than simple dissatisfaction, you may have legal options under Georgia law.

When Does a Bad Plastic Surgery Result Become Medical Malpractice? 

An unsatisfactory cosmetic result is not necessarily medical malpractice. A patient might dislike the appearance of a procedure even though the surgeon performed it properly and provided appropriate follow-up care.

The situation may be different when a patient is harmed because a surgeon makes an avoidable error, fails to recognize an infection, or otherwise provides substandard care.

Generally, a viable medical malpractice claim requires evidence that the healthcare provider departed from the applicable standard of care and caused an injury and damages. The issue is not simply whether another surgeon could have achieved a better result, but whether the care provided fell below the applicable professional standard.

What Types of Plastic Surgery Mistakes Could Lead to a Lawsuit? 

Plastic surgery malpractice can occur before, during, or after a procedure. 

Potential examples include: 

  • Performing surgery on the wrong area 
  • Damaging nerves, muscles, or surrounding tissue 
  • Making serious surgical errors 
  • Failing to properly monitor a patient 
  • Failing to recognize or treat an infection 
  • Using an inappropriate surgical technique 
  • Providing inadequate follow-up care 
  • Performing a procedure when the patient is not an appropriate candidate 
  • Failing to properly disclose material risks 

Not every complication on this list automatically establishes malpractice. A patient can develop an infection even when a surgeon follows appropriate sterile techniques and provides proper care. 

A medical expert may need to check the records and determine whether a complication resulted from negligence.  

Can You Sue Because You Were Not Properly Informed About the Risks? 

Informed consent may become an issue in some plastic surgery cases. Georgia law requires specific disclosures for certain surgical and diagnostic procedures, including some procedures performed under general, spinal, or major regional anesthesia.

For covered procedures, required information can include the nature and purpose of the procedure, certain material risks specified by law, the likelihood of success, practical alternatives, and the prognosis if the procedure is rejected.

A failure to make a required disclosure may support a medical malpractice claim when the legal requirements are met. However, signing a consent form does not excuse negligent medical care during or after a procedure.

What Damages Can You Recover From a Negligent Plastic Surgeon? 

If medical malpractice caused your injuries, you may be entitled to seek compensation for the resulting losses. This can include both your economic and non-economic losses

Additional Medical Expenses 

A negligent procedure may require corrective treatment. You could need another surgery, hospitalization, medication, wound care, physical therapy, or reconstructive procedures. 

Qualifying past and future healthcare costs can become part of the damages sought in a malpractice claim. 

Lost Income 

Complications can also keep you away from work. If you need another operation or an extended recovery period because of malpractice, your lost earnings may be recoverable as part of your damages. 

A permanent injury that affects your occupation may also create a claim involving diminished earning capacity. 

Pain and Suffering 

Corrective surgery does not erase the pain caused by the original injury. A malpractice claim may seek compensation for qualifying: 

  • Pain and suffering 
  • Emotional distress 
  • Scarring or disfigurement 
  • Reduced quality of life 

These consequences are compensable if they are associated with negligent treatment. 

Contact the Atlanta Medical Malpractice Attorneys at The Moses Firm: Medical Malpractice Lawyers for Help Today 

Dissatisfaction with the cosmetic result alone generally is not enough to establish medical malpractice. However, departures from the standard of care can support a Georgia medical malpractice claim. 

If you believe negligent plastic surgery caused harm, you may have legal options. Contact The Moses Firm: Medical Malpractice Lawyers for a free consultation. Our Atlanta medical malpractice lawyers can review your records, consult with experts, and help you pursue the compensation available under the law.

The Moses Firm
3490 Piedmont Rd NE #1206,
Atlanta, GA 30305

(404) 721-1050
Available 24/7