Medical Malpractice and Plastic Surgery
Though plastic surgery is an elective procedure, patients are afforded the same legal rights as all other medical patients when it comes to legal claims arising from medical malpractice. Once a plastic surgery patient enters under the care of a plastic surgeon, this surgeon has a standard duty of care to uphold and provide to a patient. Any negligent actions violating this reasonable standard of care are deemed medical malpractice, which might result in damages and constitute a viable claims case.
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The Doctor-Patient Relationship Explained
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As soon as a patient agrees to enter under the care of a plastic surgeon, a legal duty formally forms, which is known as the doctor-patient relationship. The physician in this relationship must provide medical services to patients with a standard duty of care, which would be services and care comparable to any reasonably acting physician in the same capacity and situation. In reality, if a patient is having a plastic surgery procedure performed by a given plastic surgeon, the doctor-patient relationship exists.
Determination of Negligence
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In order for malpractice to occur, the doctor must fail to provide a patient with a standard of care comparable to other plastic surgeons in the same field. While seemingly subjective, the standard of reasonable care is at times readily apparent and proved the physical damages themselves, while in other cases, proving breach of standard duty of care will require expert testimony. If the courts determine that a physician violated a standard of care, negligence is said to have occurred--in other words, medical malpractice exists.
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Proximate Cause
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A viable medical malpractice lawsuit, however, cannot simply rely on the fact that negligence occurred. Rather, patients and their legal counsel must construct claims that prove the negligent action or actions were the direct or proximate cause of damages in a patient. In essence, proximate cause and direct cause seek to prove that had a negligent action not occurred, given damages would not have been suffered by the patient.
Damages
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Damages in medical malpractice claims stem from any injuries, losses or other expenses a plastic surgery patient has incurred as the result of negligence. This may include economic damages, such as medical bills, plastic surgery repairs and lost income. Additionally, noneconomic damage claims may be applicable, such as pain, suffering and diminished quality of life. Unlike many other malpractice cases, plastic surgery and medical malpractice claims cases may also include damages related to one’s appearance, which is subjective at best.
Damages Relevant to Plastic Surgery
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Aside from damages commonly associated with medical malpractice, plastic surgery and malpractice pose a distinct category of damages related to the patient’s appearance following a procedure. In certain cases, gross disfigurement may be apparent following a plastic surgery procedure, while in other cases, a patient’s claims may be less perceptible to the average person. In cases where a patient feels their plastic surgeon failed to meet their expectations, the ability collect damages is highly case-specific.
A patient may, however, be able to justify noneconomic damage claims relating to emotional distress, diminished quality of life, and disfigurement resulting from their new appearance. The crux of the claim’s success, however, will rely on whether the doctor provided a reasonable standard of care, or in essence, could another plastic surgeon, while working in a reasonable manner, have done better? Clearly, these questions are highly subjective and will rely on arguments supported by both expert testimony and other legal precedents.
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