In California, cosmetic surgery offers the promise of enhanced beauty but sometimes leads to unexpected outcomes. When a procedure goes wrong, you may wonder if you have a medical malpractice case. Understanding the basics can help you move into the next steps.
What constitutes medical malpractice in cosmetic surgery?
You experience medical malpractice when a healthcare provider does not meet the standard of care and you get hurt. In California, this includes several elements:
- Duty of care: Surgeons must follow a professional standard. They need to perform procedures skillfully and safely for you.
- Breach of duty: If your surgeon makes a big mistake, like performing the wrong procedure, it may be a breach of duty.
- Causation: You must show the breach directly caused your injury. Nerve damage or a severe infection after surgery could be proof.
- Damages: These cover physical injuries, emotional distress, and financial losses from extra medical care.
In California, you can refer to the Medical Injury Compensation Reform Act (MICRA), which caps non-economic damages at $250,000.
Do you have a case for cosmetic surgery errors?
In California, medical malpractice happens when you get hurt by a healthcare provider’s negligence. For cosmetic surgery, this means a surgeon strayed from standard care which led you to harm. California sets the statute of limitations for medical malpractice as one year from when you discover the injury or three years from the injury date, whichever comes first. Before filing a claim, consider the following:
- Wrong procedures: Did you receive a different procedure than what you consented to?
- Nerve damage: Have you experienced loss of sensation or motor function?
- Infections: Did you suffer from severe post-operative infections?
- Disfigurement: Did the surgery result in unexpected and unwanted changes to your appearance?
You might have a case worth pursuing if you answered yes to any of these.
Conclusion: Evaluating your options
Understanding medical malpractice in the context of cosmetic surgery can be complex. The nuances of California law and the specifics of each case matter greatly. Speaking with an attorney familiar with medical malpractice cases can provide clarity and direction. They help you asses the viability of your claim and help you make informed decisions. Consider their guidance as you weigh your options for seeking justice and recovery.