COSMETIC SURGERY LAWYER - NEGLIGENCE

A cosmetic surgery lawyer will define medical malpractice as “treatment that is contrary to accepted medical standards and which produces injurious results in the patient.” Legal action is usually based on the doctrine of “negligence” and the cause of action is usually the failure of the doctor to exercise a reasonable degree of skill, learning, care and treatment ordinarily possessed by others in the medical profession. All doctors are expected to keep up with the latest developments in their particular field and the standards required are those of the specialty as a whole, commonly referred to as the “standard of care.”

Cosmetic surgery carried out by qualified and experienced specialists is more predictable than ever before however there are risks and it is still a serious undertaking. The medical profession which includes doctors, nurses and technicians usually provides a caring service with a high standard of excellence for their patients however there are occasions when things go wrong and where personal injury has been caused or contributed to by a breach of the duty of care then a cosmetic surgery lawyer may be able to recover financial compensation for medical malpractice.

When considering whether or not to file an application for compensation a cosmetic surgery lawyer will initially consider the qualifications of the surgeon concerned. Certification by one of the member boards of the American Board of Medical Specialties (ABMS), such as the American Boards of Dermatology, Otolaryngology, Ophthalmology, General Surgery or Plastic Surgery while providing some assurance of formal training in the fundamentals of cosmetic surgery, does not necessarily mean that a surgeon is one of the best or most experienced in his area of practice.

Physicians who are board certified may subsequently become certified by the American Board of Cosmetic Surgery, which has established a strict set of criteria to ensure experience and proficiency in cosmetic surgery including a requirement that members have been practising cosmetic surgery for the last five years, during which period they have carried out at least 1,000 documented cosmetic surgical procedures at a rate of at least 200 each year. Members must also pass a stringent two day written and oral examination and be of proven good character.

Prior to the operation you should have been consulted at length by the surgeon. That consultation should have included review of your medical and surgical history and a comprehensive discussion of your desired goals and expectations. The surgical procedure and possible alternatives should have been discussed in detail together with all possible risks and complications. The surgeon should have made you aware of what to expect before, during and after the surgery and should have fully explained which particular technique was to be chosen and why. Failure to carry out detailed enquiries and to advise accordingly may be sufficient grounds alone for a cosmetic surgery lawyer to take legal action for the recovery of damages.

Our attorneys will take care of your compensation claim in a comprehensive, helpful, sympathetic and professional manner and they will explain legal issues clearly and without jargon. Your attorney will deal with your case using a contingency fee arrangement which means if you don't succeed in receiving a settlement then your attorney won't get paid. For free advice from an accredited specialist attorney just complete the contact form and a member of The Association of Trial Lawyers of America will telephone you immediately to discuss your claim without further obligation.