Can You Make a Medical malpractice Claim for Cosmetic Surgery in Elgin?

by | Jan 3, 2022 | Personal Injury Attorney

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Doctors must follow basic protocol or it could count as medical malpractice. You may wonder if the same laws apply to cosmetic surgeons and when you need an Elgin personal injury lawyer. While you can seek compensation for damages from cosmetic surgery, it presents some unique challenges.

Challenges to Winning Cosmetic Surgery Claims

Juries don’t usually view cosmetic surgery favorably because of their own bias and negative public perceptions. Since it is elective, juries can decide you were vain and didn’t need the surgery. The juror may have had a successful surgery, and they may conclude you used an unqualified surgeon.

Types of Damages in Cosmetic Surgery

If the procedure isn’t performed to the accepted standards, you may experience come unexpected complications. Some unexpected results from cosmetic surgery include abnormal scarring, infection, paralysis, excessive bleeding, and pneumonia. The doctor may fail to review your patient history to determine allergies and medical issues or fail to explain normal risks.

Elements in a Medical Malpractice Case

To classify as medical malpractice, certain elements must be met and not just because you weren’t satisfied. A doctor/patient relationship must exist, meaning you chose them and they agreed to treat you. The doctor acted negligently, which breached the duty of care, causing injury to the patient.

Medical malpractice cases usually require expert testimony to prove the standard of care. It isn’t impossible to win cosmetic surgery damages, but you need an Elgin personal injury lawyer to help navigate complex laws. To know more please visit Shea Law Group today.

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