Just like any other licensed medical practitioner you can sue a plastic surgeon for Medical Malpractice if you believe they were negligent. it’s advisable to first consult a New Bedford medical malpractice lawyer to find out if you have a case before proceeding.

It’s important to understand that you cannot sue your plastic surgeon just because you did not get the results that you are hoping for. However, if they were negligent and left you with health complications, disfigurement or scarring then there is a chance that you might have a case.

What goes into suing your plastic surgeon in New Bedford?

The process of filing a medical malpractice lawsuit against your surgeon can be overwhelming and extensive and having an idea of what the process is can help you manage your expectations. Below is what you should expect from the process of litigation:

You must give notice of your intent to sue

If you intend to file a medical malpractice lawsuit, you must give written notice to your surgeon 182 days before filing your lawsuit and you must provide an affidavit from another plastic surgeon with similar qualifications affirming the malpractice. Your surgeon then has 150 days from the date on which they receive the notice to respond.

You could settle the case outside of court

All medical professionals are required to have funds to pay for claims or carry malpractice insurance. Your plastic surgeon might offer you a settlement and if it does not account for your expenses you can file a lawsuit.

You have the option of going to court 

Going to court will be time-consuming and exhausting. The good news is that our new Bedford malpractice lawyer can manage everything involving your case from cross-examinations to discovery and they will do whatever it takes to win a reasonable settlement for you.

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What are the challenges of winning a Cosmetic Surgery medical malpractice lawsuit?

The elective nature of cosmetic Surgery might make it difficult for you to bring a legal claim successfully. There’s a huge difference between cosmetic surgery and reconstructive surgery. Constructive surgery is used to repair a body part after an accident or a disease while cosmetic surgery is used to enhance the appearance of a body part. Insurance companies don’t really pay for cosmetic surgery because it is elective. This, however, does not mean that malpractice issues do not arise during cosmetic surgery. Some of the issues that arise include:

Procedural errors

Surgical errors that result in a botched procedure can lead to a malpractice claim. Other problems that can lead to a claim include negligent injection of drugs, complications from anesthesia, and post-operative infections.

Unskilled surgeons 

As mentioned earlier, health insurance companies rarely pay for cosmetic surgery and since there is no health insurance paperwork to file and the payment is upfront, it’s not uncommon to find unqualified surgeons performing plastic surgery procedures. Cosmetic surgery is a money maker and anyone can pose as an expert as long as they have a medical license. You should always consider getting surgery from a board-certified cosmetic surgeon because it reduces the chances of getting a botched procedure. However, this does not mean that the outcome will be successful. 

• What Is Negligence In A Personal Injury Case?

Some of the challenges of winning cosmetic surgery lawsuit include:

You didn’t need it

Most juries tend to think that a patient only wanted cosmetic surgery to enhance their appearance and so they should not blame the surgeon if the procedure didn’t go as expected. as a result they often tend to side with the cosmetic surgeon. In cases where the patient wins the case, the jury leans towards awarding lower damages. 

Biased jurors

Some jurors tend to punish patients for being too lazy to work out, overweight, vain or simply wasting money on unnecessary surgery. There really is no logic behind the bias, it’s just human nature. Other jurors are biased because they might have undergone a successful cosmetic surgery procedure and so might have a problem with cosmetic surgery malpractice claims.

Connect with our New Bedford medical malpractice lawyer for a free case review

You can sue your plastic surgeon for medical malpractice in New Bedford. However, it is important to consider all your options before moving forward. Consulting one of our New Bedford medical malpractice lawyers will help you pursue the damages you need. We will investigate your case and use the information to prove negligence. If you would like a free case review contact us today at 508-999-0800 to schedule your free initial consultation.