Cosmetic Surgery and Personal Injury Claims

Cosmetic SurgeryBeauty; they say it is in the eye of the beholder.  We really do not believe that.  You can tell by all the people getting cosmetic surgery these days.  Celebrities use cosmetic surgery to try and maintain their youth to stay employable as well as alter their appearance to be more attractive.  Most of the time these cosmetic procedures turn out just as the client intended.  They look in the mirror afterwards and are pleased.  Then there are the others.  We have all seen these pictures in the tabloids.  These people have gone way too far, they hardly look like themselves.  Are they just as pleased?  Did Michael Jackson really want to look like that?  Was it done on purpose or the result of trying to fix surgical mistakes?  Those frozen facial features; did too much Botox get injected or did that person’s face react that way?  And what is with all those ladies opting for the larger lip look?  Are the results what they consider attractive?  If they aren’t, this is considered a personal injury?

Proving personal injury from a “botched” cosmetic surgery is extremely difficult.  Although you might not like the outcome, you have to at least prove that the surgeon acted with Breach of Standard.  Would you have come away with the same result if another surgeon had done the same procedure?  In order to prove Breach of Standard, medical experts will have to testify the procedure was performed with neglect.   Neglect in a cosmetic surgery procedure might be using unsterilized equipment that leads to an infection that alters the end result of the surgery or causes other health issues.  Perhaps those implants the doctor used in your breast augmentation were not the same size, causing you to appear asymmetrical.  These examples might be considered a Breach of Standard.

If your cosmetic surgery did not turn out like you thought it doesn’t mean the surgeon made a mistake.  It could mean your expectations were unrealistic.  Did you think at 60 years old, the surgeon would make you look 30 again?  When trying to prove a personal injury from a cosmetic procedure, make sure you have all documentation you have from your surgeon.  There probably were consultations with pictures, contracts and waivers.  If any additional medical procedures were required to correct a problem, bring that documentation along as well.  Retain a lawyer who specializes in this area of law to ensure the best possible outcome.

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