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Gelman Gelman Wiskow & McCarthy LLC
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Medical Malpractice in Cosmetic Surgery

Having cosmetic surgery is often an emotional decision and a major financial investment. Patients may contemplate surgery for years and endeavor to improve their self-esteem by having a procedure. 

A recent trend has shown many doctors, without credentials in plastic surgery, expanding their practices to include cosmetic procedures. There are indications that this increases their patients’ dissatisfaction with surgery outcomes. It is critical to choose an experienced cosmetic surgeon. However, even a surgeon with excellent credentials can commit a serious error. 

As with other medical malpractice cases, plastic surgery patients must prove the following: 

  1. That the surgeon had a duty to the patient 
  2. That the standard of care was not met 
  3. That the surgeon’s breach of duty was the proximate cause of the patient’s injuries 

Victims of cosmetic surgery medical malpractice are sometimes reluctant to come forward out of embarrassment or fear that their lawsuits have no chance. According to the New England Journal of Medicine, the proportion of patients who recover in their medical malpractice suits stemming from cosmetic surgery is roughly the same as for malpractice cases in other medical specialties. These cases demonstrate that proving the three elements of malpractice is no more arduous in cosmetic surgery malpractice cases. 

Although a plastic surgeon may recommend that you wait a certain amount of time to see the final results, often a glaring error is evident before that time. If you think something went wrong, trust your instincts and consult an experienced New Jersey medical malpractice attorney to preserve your legal rights.


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