About plastic surgery claims
On this page(9)
If a surgeon's care fell below the expected standard and caused an injury, a poor plastic surgery result may qualify as malpractice. Being disappointed isn't enough to establish malpractice. When a cosmetic procedure worries you, have a lawyer in your state review your care, including the surgeon's explanation during the consent discussion.
Before you decide whether the surgeon was negligent, you can ask someone for help. First, get the care you need. Once you've gathered records, a lawyer can compare what you remember with the clinic's account instead of relying on a photograph of the final result.
What plastic surgery malpractice means
If you've had liposuction, breast augmentation or Brazilian butt lifts (BBLs), those cosmetic procedures are covered on this page. By itself, an appearance you're unhappy with doesn't raise the legal issue. What matters is whether something went wrong in your care and caused injury or disfigurement.
When care falls below the standard expected in the field and causes injury or disfigurement, Daeryun's explanation of plastic surgery malpractice describes it as malpractice. Injury matters here. If a surgeon's negligence causes injury or adverse conditions, Wapner Newman's discussion likewise connects that harm to malpractice.
If your result is uneven or otherwise unwanted, the treatment behind it needs a closer look. A lawyer handles that. When you ask what evidence would show unacceptable care by the surgeon, also ask what would link that care to the injury you've reported.
Where a failure in care may occur
Among the examples of plastic surgery malpractice that Fiedler & Deutsch lists are surgical errors and anesthesia errors. Poor preoperative evaluation and lack of informed consent appear there too. Although those concerns need investigation, the way the result looks doesn't by itself show that any of them occurred.
| Area of concern | Question for the review | Records to ask about |
|---|---|---|
| Surgical error | What allegedly went wrong during the procedure, and how could it explain the injury? | Ask whether the operative report and procedure notes are needed. |
| Anesthesia error | Does the concern involve anesthesia rather than the cosmetic result itself? | Ask about the anesthesia record. |
| Poor preoperative evaluation | Was the evaluation before surgery appropriate for this patient? | Ask about consultation notes and the medical history recorded before surgery. |
| Lack of informed consent | What did the surgeon explain before the patient agreed? | Ask about the consent form and notes documenting the discussion. |
When you describe what happened, explain each concern separately. If you're questioning what the surgeon said before surgery, for example, that's different from alleging an error during the operation. Our anesthesia errors page covers that practice area if anesthesia is what concerns you.
Warning signs: get a medical assessment, not a legal diagnosis
A surgical error isn't established just because you dislike the result. Whether a change after surgery belongs to your expected recovery is also something this page can't tell you. To understand what's worrying you and what follow-up you need, ask a treating clinician to assess your condition.
For your particular procedure, get the warning signs in writing. If your condition changes, you'll need to know whom to contact; ask when the clinician wants to see you again too. Seek emergency care if you think you're having a medical emergency. A legal consultation can wait.
So you'll have an account for the later review, note what you noticed and when it happened. Your instructions belong there too. Save your message and the clinic's response exactly as they are if you contacted the clinic about something that concerned you.
What separates malpractice from a bad outcome
The standard of care
Instead of starting with whether you liked the result, look at the care expected of the surgeon. Care that departs from that standard is central to Daeryun's explanation. When you speak with the lawyer, ask which part of your treatment needs closer review, including what medical opinion would be needed to assess it.
The connection to the injury
Even if you allege a mistake, it must connect to the harm. When describing negligence, Wapner Newman links it to injury or adverse conditions. During your consultation, you could ask: what shows that the care I'm questioning connects to the condition I have now?
So the lawyer has an accurate picture, describe your condition before the procedure. Even if you worry that some information weakens your claim, include it and ask how your history affects the lawyer's review.
The harm you're asking the lawyer to review
If you believe the procedure caused injury or disfigurement, describe it. As you explain the changes in your daily life, keep bills for care you've sought since the procedure. To find out which claimed losses matter under your state's law, ask the lawyer what documents you'll need to back them up.
Consent deserves a separate look
According to Fiedler & Deutsch, lack of informed consent may raise a malpractice issue. Keep a record of what you were told before agreeing to an elective procedure, including any written descriptions of the treatment proposed for you. You can read about this concern on our informed consent page.
If you have the signed form, bring it; also write down your memory of the discussion, including the questions you asked and the surgeon's answers. Not every question ends with the signature. Alongside the form, let the lawyer review your account.
When organizing your records, don't mix advertising promises with the medical explanations you received. If both influenced your decision, save them and ask a lawyer in your state whether those statements matter legally to your situation.
What to do next
Address the medical concern
To assess your condition now, ask a clinician. While you decide whether to call a lawyer, don't delay the care you need.
Request the records
When requesting your clinic chart, include the operative report and the consent documents. If another facility or clinician has records, ask the lawyer whether you'll need those too.
Build a dated account
Once you've written down the consultation and procedure dates, add later visits and communications about the result. Rather than guessing a date you're unsure of, mark it as uncertain.
Preserve original material
Don't change the original photographs. When saving clinic messages and receipts somewhere you can find them, leave the documents unchanged (even if editing would make your account easier to follow).
Ask about the legal review
When discussing the alleged departure from care, explain how you believe it connects to your injury. Before the lawyer decides whether to take your case, ask what additional records or medical review are needed.
If the surgeon has offered more treatment, tell the lawyer what the surgeon proposed to you. For the medical considerations, ask your treating clinician. Although an offer to revise the result doesn't prove negligence, you also shouldn't use a legal webpage to decide whether to accept it.
Deadlines differ by state
If an article covers another state, don't build your case around its deadline. Because statutes of limitations vary by state, ask a lawyer in yours which deadline applies to you and which dates matter. Our U.S. state pages offer a place to start.
When you call, have the procedure date handy and say when you first noticed something was wrong. If you had later medical assessments, include those dates. Before waiting for the final cosmetic result, ask about the filing deadline rather than assuming you have time.
Read claim statistics carefully
You can't measure claim success by publication date. When failed plastic surgery may qualify as malpractice is what Wapner Newman's article explains in general terms. Rather than treating it as a prediction, remember it doesn't tell you how your own case would turn out.
- Publication date of Wapner Newman's article on failed plastic surgery and malpractice
- September 22, 2023
- Source
If you're relying on a lawsuit percentage or settlement figure, check where it came from and whether it covers comparable plastic surgery claims. What another case reportedly achieved doesn't establish the value of yours. When the conversation drifts to those figures, return to your records and the injury you want the lawyer to review.
1.Something went wrong
Write down dates and names while they're fresh.
2.Get your records
Ask for your full chart and test results.
3.Free case review
A lawyer looks at what happened, free.
4.Medical opinion
A doctor checks whether the care fell short.
5.File before the deadline
Your lawyer starts the claim before the deadline.
6.Settlement or trial
Many claims settle. Some go to a judge or jury.