Suing Your Plastic Surgeon When Your Surgery Goes Wrong

Law Blog

The problem with plastic surgery is that not everyone has good results. Sometimes implants shift out of position and leak. Sometimes Botox injections cause permanent nerve damage, leaving patients with the inability to close their eyes, blink or smile. If something has gone awry with your cosmetic procedure, you may be wondering if it is even possible to sue your surgeon. After all, the surgery was your choice, and you did sign a waiver stating you understood the risks. Be assured, there are some laws that allow you to sue for botched cosmetic surgeries.


Negligence by a medical professional, in this case your cosmetic surgeon, is a legal loophole that allows you to sue the surgeon. You and your lawyer do have to prove that the surgeon was negligent in his or her duty to collect information on your health and previous plastic surgeries. Negligence also applies if your plastic surgeon did not meet with you for a consult, nor did he or she meet with you on the day of the surgery to discuss the risks and use a surgical marker to designate where he or she would be making incisions or removing flesh.

Unlawful Surgical Practice

Although you believed you were meeting with a licensed surgeon, it is possible that his or her license was revoked or suspended at the time of surgery. Despite the long list of patients your surgeon has, it does not mean that he or she is fully qualified. Your lawyer can uncover legal records and licensing documentation that can prove unlawful surgical practice.

Signing Under the Influence of Anesthesia or Duress

You may have wanted to give your booty a lift, but if your surgeon forcefully persuaded you to have butt implants as well, that is not legal. It is also not legal to request that patients sign consent and waiver forms when they have just begun receiving anesthesia or tranquilizing medication. You are not aware of what you are signing, nor are you able to read the papers and understand what they say. When your surgery is completely botched and these situations apply to you, you have every right to sue.

Hiring a Lawyer or Lawyers

Medical malpractice, personal injury, and disability lawyers can handle a case like yours. If you hire one lawyer who can cover all of these areas, it will be less expensive than hiring an entire law firm. Visit with an attorney (such as one from Martin Lawyers) about your case as soon as possible because you may not have much time to file a suit.


10 March 2015