My Surgery Didn’t Turn Out as Expected. Is This Malpractice?

Posted on July 20, 2008

Not necessarily. In order to establish a valid medical malpractice case, the following things must be proven. First, a reasonable standard of care must be established, and then it must be proven that a healthcare professional neglected to provide this standard of care or breeched it in some way. Furthermore, it must be proven that this negligence caused damages, injuries, death, or that the mistake contributed to the worsening of the condition. Once the aforementioned have been established, only then can a healthcare provider be found liable, and a patient entitled to damages.

As a part of informed consent, a physician must discuss the risks involved with a procedure, as well as the alternatives to the procedure, including non-treatment if it is an option. In the case of cosmetic procedures, the cosmetic surgeon and patient must discuss at length the aesthetic goals of the patient. A voluntary, cosmetic procedure such as a rhinoplasty or facelift that does not turn out exactly as the patient envisioned does not constitute a valid malpractice claim. If the surgeon failed to adequately discuss such aesthetic goals, and this can be proven, then a case might be made.

Emergency surgeries often have the potential to produce undesirable results. Surgeons sometimes have to make decisions based on the unexpected. If a surgeon makes a wrong decision, or one that might be outside the reasonable standard of care, then a patient might have a malpractice claim.

If your surgery didn’t turn out as expected and you believe you might have a malpractice case, contact malpractice attorneys Weiss & Paarz today to arrange a consultation.