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I can't see any way that a sober surgeon could miss that.

I don't remember Boob Balancer or Boob Adjuster at career day in school!

Pics?

The thing about a malpractice lawsuit is, you have to prove damages. If a woman elects to have cosmetic surgery to make her boobs bigger and one turns out bigger than the other, what are her damages?

If she was a dancer at a topless joint, they could be at least lost wages.

Not to worry. She will be well compensated.

If problems arise following a procedure, you may be wondering, when is failed plastic surgery considered malpractice? Since many plastic surgeries are considered elective procedures, legal rights can be confusing, and filing a medical malpractice lawsuit can be challenging to obtain a successful outcome.

While difficulties arise in a case of plastic surgery-related medical malpractice, it’s not impossible to win if you can soundly prove some level of negligence on the part of the plastic surgeon, staff, or the facility.
What is Classified as Plastic Surgery?

Plastic surgery can be classified in two ways — reconstructive or cosmetic. Overall, it is a specialty type of surgery involving the alteration, restoration, or reconstruction of a part of the human body.

Reconstructive plastic surgery is geared toward restoring function and normal appearance and often seeks to correct any deformities caused by trauma or medical conditions, or even birth defects. These surgeries are seen as medically necessary.

Cosmetic plastic surgery differs in that it is an elective or voluntary surgery. Its goal is to enhance one’s appearance, and it is not medically necessary.

Examples of elective cosmetic plastic surgery include face lifts, rhinoplasty, liposuction, breast augmentation, and various others. Reconstructive or medically necessary plastic surgery includes skin grafts for burns, craniofacial surgery, and breast reconstruction following a mastectomy.
What is Medical Malpractice?

Medical malpractice occurs when a physician, medical professional, or facility (including hospitals) causes, by way of a negligent act or omission, a patient’s injury.

Medical malpractice may occur as a result of one or several issues during plastic surgery, including:

Pre-op or surgical errors. Errors made before or during surgery may include administering the wrong anesthesia or the wrong amount, performing incorrect operational procedures, leaving instruments inside the body, or operating on an unintended part of the body.
Lack of training or enough experience on the part of the plastic surgeon or staff.
Failure to obtain informed consent. Prior to surgery, surgeons are obligated to explain the risks involved and obtain, in writing, your acceptance and acknowledgment of these risks.
Failure to obtain and review a patient’s complete medical history. It’s imperative that your surgeon review your complete medical history to identify any allergies, current medications, and past medical issues and complications.

Proving medical malpractice involves complex steps, including the identification of what led to the act or omission, which could be any or all of these.
When is Failed Plastic Surgery Considered Malpractice?

A failed plastic surgery is considered malpractice when injury or adverse conditions result due to the negligence on the part of the surgeon.

Common complaints following a plastic surgery gone wrong include:

post-operative infections

damage or destruction of nerves, tissues, or skin

blood clots

excessive bleeding

allergic reactions

scarring

excessive bruising or skin discoloration

paralysis

disfigurement

Suffering some type of negative reaction or effect from your surgery doesn’t necessarily classify as malpractice, however. You will need to prove the following:

the plastic surgeon owed you a duty of care,
a breach of that duty of care occurred,
such breach caused injury, and
the injury sustained caused damages (e.g., medical bills, lost wages, etc.).

In answer to when is failed plastic surgery considered malpractice, then, it comes down to negligence. Knowing how to prove this is imperative to your case and is why a dedicated medical malpractice attorney on your side will be beneficial.
Can You Sue a Plastic Surgeon for a Botched Surgery?

Botched surgeries involve surgical or procedural errors on the part of the surgeon or medical staff. When such errors are the result of negligence, you can pursue a lawsuit against the plastic surgeon.

The biggest challenge when it comes to malpractice in these types of cases is that, if it is cosmetic surgery, it is elective and not medically necessary. Yet, just because you chose to have a certain surgery shouldn’t mean your rights are non-existent if something goes wrong.

Here are few things to know if you are considering suing your plastic surgeon:

You signed a waiver. Determine whether or not you signed a waiver prior to the surgery. Many cosmetic procedures, being voluntary, require your signature on such a document. These waivers are to protect the surgeon by having you acknowledge you realize the risks involved. Signing one of these, however, doesn’t mean you can’t win a medical malpractice lawsuit.

Documentation. Compile all records relating to your surgery to share with your legal team. Include any waiver you did sign, other documents provided by your plastic surgeon, medical records and bills, employment records showing lost income or benefits, and any other records relating to the surgery and resulting injury.

Timely filing. It’s also essential to note that the statute of limitations in Pennsylvania for filing a medical malpractice lawsuit is two years. This means you have two years from the date of the injury, or from when you realized the injury exists, to file a lawsuit.

Available compensation. Compensation for economic and non-economic damages will be calculated by your medical malpractice attorney. In Pennsylvania, no cap on amounts for these damages exists, so you can potentially obtain full awards for your losses, including those that are physical, mental, and emotional.

Pennsylvania takes medical malpractice claims seriously. So much so that a certificate of merit must be filed within 60 days of your claim. This certificate is filed by your medical malpractice attorney, stating that there was a deviation from an acceptable professional standard by a licensed professional.

So, can you sue a plastic surgeon for a botched surgery? The answer is yes, but, again, only if negligence plays a role in that botched surgery and can be proven.

Cosmetic Surgery Malpractice

Generally, people undergo cosmetic surgery out of choice rather than necessity. While other types of plastic surgery may be used to repair defects or scarring, cosmetic surgery is usually sought to improve an individual’s attractiveness. Examples include rhinoplasty, face lifts, neck lifts, breast augmentation surgery, and liposuction. However, if something goes seriously wrong, a patient may have a claim against the health care provider who was responsible. Some of the injuries that may arise in these cases include nerve injuries, infections, scarring, and conditions resulting from the improper use of anesthesia.
Proving the Liability of a Cosmetic Surgeon

Even though cosmetic surgery is elective, a surgeon is still responsible for maintaining the appropriate standard of care in their specialty. This is generally defined as what a competent cosmetic surgeon would have done when they were treating a similarly situated patient undergoing the same procedure. If you can prove that you had a doctor-patient relationship with the cosmetic surgeon, and they fell short of the appropriate standard of care, you likely can establish liability.

Cosmetic surgery claims usually require the assistance of expert testimony to prove the defendant’s departure from the appropriate standard of care. For example, perhaps the surgeon failed to notice signs of patient distress during the procedure, or perhaps they made a deeper or longer incision than needed, disrupting other areas of the patient’s body. (In some cases, the defendant may be not the cosmetic surgeon but instead an anesthesiologist or another assistant who made a mistake.)

You should be aware that personal dissatisfaction with your appearance after the procedure does not make a surgeon liable for malpractice. Instead, you must point to a specific injury that resulted from an error by the doctor or other health care provider. Evidence of medical treatment needed to address the consequences of the error can be compelling, as well as testimony about the impact of the error on your work or daily activities.
Side Effects and Risks

Like other medical procedures, cosmetic surgery comes with certain risks. The surgeon has a responsibility to discuss these risks with the patient and get their informed consent for the procedure. If this happens, the patient cannot hold the doctor liable for malpractice based on the occurrence of a known complication during the procedure. Certain minor side effects, like bruising or swelling around the affected area, are not uncommon following cosmetic surgery. Patients usually undergo procedures in the awareness of these risks, and the side effects tend to be temporary. If you bring a medical malpractice claim based on cosmetic surgery, therefore, you may need to counter an argument by the surgeon that you were aware of the risks and agreed to move forward with the procedure.

On the other hand, if the doctor did not properly get informed consent from you before the procedure, you may be able to hold them liable if you suffered from side effects of which you were not warned. You likely would need to prove that you would not have undergone the procedure if you had been aware of the risk of the side effect that affected you.

Last reviewed October 2021

A dozen years ago a young lady we know had a boob job. Apparently they get out of balance after about 10 years and she was supposed to go back and have them adjusted or reset. She was a little overdue and one was larger than the other.

She had the surgery a few weeks ago. After the swelling went down, she discovered that the size difference was even larger than before. Seems that the doctor screwed up and put the juice in the wrong one. Now she has to have the surgery again. You might say she's majorly PO'd.

If problems arise following a procedure, you may be wondering, when is failed plastic surgery considered malpractice? Since many plastic surgeries are considered elective procedures, legal rights can be confusing, and filing a medical malpractice lawsuit can be challenging to obtain a successful outcome.