Plastic surgery is big business. Countless cosmetic procedures are performed in the United States every year, with Botox being the leading nonsurgical procedure. Although many of these elective surgeries are done to improve the patient’s appearance, they can also make a huge difference in the life of a scarred accident victim, a breast cancer survivor, or a person born with congenital deformities. Regardless of their motivations, all patients deserve to have a safe experience. If you’ve been injured by a negligent plastic surgeon, or if such negligence has proven injurious or fatal to someone you love, our Philadelphia plastic surgery lawyers at Wapner Newman can review your case and advise you whether you have grounds to seek financial compensation.
We invite you to discuss your unique situation by calling us at (215) 569-0900 or filling out a free case evaluation form.
Not All Plastic Surgeons Are Equally Skilled and Competent
Training and Certification Matter
Often used as a catchall phrase by the nonmedical community, “plastic surgery” is a specialty that encompasses several separate areas of surgical expertise. Physicians certified by the American Board of Plastic Surgery have training in cosmetic surgery, congenital defect repair, trauma surgery, reconstructive surgery, hand surgery, and disorders. In comparison, physicians certified by the American Board of Cosmetic Surgery must be trained in face surgery, breast surgery, tummy tucks, liposuction, and other cosmetic surgeries.
The title “board-certified plastic surgeon” indicates a certain level of training and skill, but any licensed physician can technically perform plastic surgery. Whether they should do so is another matter entirely and may be grounds for malpractice if their care results in patient injury. Treatment that doesn’t meet accepted medical standards and which harms the patient may be actionable negligence. Examples of long-term complications of plastic surgery errors include scarring, disfigurement, chronic pain, and psychological issues.
What Counts as Negligence in Plastic Surgery?
Not Every Mistake Is Medical Malpractice
The law measures negligence by whether a surgeon provided the level of skill, care, and treatment that a reasonable plastic surgeon would have provided under similar circumstances. Expectations include that they should fully evaluate a patient’s current health and medical history prior to surgery, thoroughly understand the patient’s aesthetic goals, fully inform the patient about the dangers associated with the procedure, and monitor the patient closely.
For example, bleeding is an inherent risk of tummy tuck surgery. A patient having this procedure must be continually monitored so that any abnormal bleeding can be promptly addressed in order to prevent a further loss of tissue. Left unchecked, bleeding can result in excessive scarring, nerve damage, and death.
Classic Signs of Negligence
Problems that may indicate plastic surgery malpractice include:
- Post-operative infections
- Negligent injection of drugs
- Complications from anesthesia
- Scarring
- Nerve damage
- Delayed diagnosis
- Wrong diagnosis
- Wrong site surgery
- Misjudgments or omissions in the plan of treatment.
Every procedure has the possibility of unforeseen complications, but it is the responsibility of the surgeon to properly diagnose and appropriately treat every complication that is observed.
When a surgery goes wrong, the consequences can last a lifetime. A bad outcome isn’t always a case of malpractice, but surgeons who don’t follow proper medical procedures need to be held accountable so they can’t hurt anyone else.
Why Choose Us?
When you’ve been injured by a plastic surgeon’s negligence, you need more than just legal help. You need a team that truly understands what you’re going through. We know that a substandard procedure is about more than just physical pain; it’s also about lost confidence, emotional distress, and the overwhelming disappointment that comes from trusting a doctor who let you down.
Clients trust our Philadelphia plastic surgery attorneys to fight for them for a number of reasons.
We Know Medical Malpractice Inside and Out
Not all personal injury lawyers understand the complicated work required to prove medical negligence. Our firm has years of experience handling plastic surgery malpractice cases and knows how to hold doctors, clinics, and hospitals accountable for their carelessness.
We Work With Leading Medical Experts
Proving malpractice requires expert testimony. We work with top medical professionals who can pinpoint where your surgeon failed and how their mistakes have hurt you. Their insight strengthens your case and helps secure the compensation you deserve.
You Don’t Pay Unless We Win
Legal fees shouldn’t stand between you and justice. We work on a contingency basis, so you don’t owe us anything unless we win your case. This means no hidden fees, no financial risk, and no upfront costs. Our payment comes out of your final settlement or award.
We Fight for the Best Outcome for You
A bad surgery can lead to large medical bills, lost time from work, and lasting emotional trauma. We fight for full compensation that covers any corrective procedures you might need, the pain you’ve endured, your lost income, and anything else the surgery has cost you.
We Listen, We Care, and We Take Action
You’re not just another case number to us. We take the time to understand your story, answer your questions, and keep you informed on how your case is going. When you work with Wapner Newman, you get a legal team that treats you with respect and fights hard to make things right.
Frequently Asked Questions
If you’re dealing with complications from a cosmetic procedure, you probably have a lot of questions about what went wrong and what you can do about it. Here are some of the most common concerns we’ve addressed from some of our clients after a plastic surgery injury.
Can I file a malpractice claim if I signed a consent form?
You certainly can! While you may have agreed to the known risks of surgery, that doesn’t excuse reckless mistakes caused by improper technique, lack of monitoring, or other preventable problems.
A consent form doesn’t protect a surgeon against the legal consequences of negligent behavior. If your surgeon didn’t meet the expected standard of care, you may still have a case. An attorney can go over your medical records to determine whether what happened crossed the line into malpractice.
How long do I have to file a plastic surgery malpractice lawsuit in Pennsylvania?
In Pennsylvania, you generally have two years from the day of the injury (or from when you discovered the injury) to file a medical malpractice lawsuit. However, there can be exceptions, so if you’re not sure whether your case qualifies, it’s best to speak with a lawyer as soon as you can. If you miss the filing deadline, you could also miss your chance to recover compensation for your losses.
Can I sue if I’m just unhappy with the results of my plastic surgery?
Not necessarily. A bad cosmetic outcome isn’t the same as medical malpractice. Surgeons are human, so it’s unrealistic to expect perfection. In fact, if a surgeon does promise a perfect outcome, this should be considered a red flag.
However, if the surgeon made a serious mistake, didn’t inform you of risks, or did the procedure incorrectly, you might have a case. Documenting what went wrong and getting a second opinion can help clarify whether negligence was involved. A plastic surgery malpractice attorney can guide you through that process.
What if my plastic surgeon wasn’t board-certified?
Board certification isn’t legally required to perform cosmetic surgery, but the absence of that certification can be significant, because it means your surgeon might not have the training needed to do a procedure correctly and keep their patients safe. If an underqualified doctor did your surgery and you were injured, this could strengthen your grounds for a malpractice claim.
What kind of compensation can I get in a plastic surgery malpractice case?
Every case varies, but victims of plastic surgery malpractice can generally go after compensation for medical expenses (including corrective surgery), lost wages, and pain and suffering (both physical and emotional). The amount depends on the severity of the injury and how much it has impacted your life.
How do I know if I have a strong case?
It’s worth getting a legal opinion if you experienced unexpected complications, severe injuries, or a worsened condition after the procedure. A lawyer will review your case to determine whether it may have involved substandard care on the part of the surgeon. At Wapner Newman, we offer free case evaluations, where we can go over the details and talk about whether you might have a strong case for compensation.
Every claim is different, so the best way to understand your legal options is to talk to an attorney. If you suspect your plastic surgeon was negligent, don’t hesitate to contact our Philadelphia plastic surgery lawyers.
Contact Our Plastic Surgery Lawyers
There are far too many cosmetic surgery patients whose lives are negatively affected by doctor errors. In addition to the physical toll, medical mistakes can be expensive, and patients have gone bankrupt paying for additional operations in order to repair the damage caused by a negligent procedure.
If a medical mistake by a plastic surgeon in Philadelphia has harmed you or someone in your family, you need a Philadelphia medical malpractice attorney advocate on your side – someone who will protect your rights and who is determined to get you the compensation you deserve. Our team at Wapner Newman is ready to be that team.
We offer risk-free consultations and work on a contingency basis, which means that we do not require you to pay any fees until we have secured a recovery on your behalf. Contact us today by calling (215) 569-0900 or filling out a free case evaluation form.