Linda began developing breasts early, wearing adult-sized bras by the time she was in eighth grade. By the time she was an adult, her 40DDD breasts looked almost comically disproportionate on her 5 ‘0 frame. Life with such large breasts didn’t just subject Linda to catcalling, invasive questions from women and men alike and unwelcome comments about her intelligence and sexual availability; it made finding clothing that fit her frame a nightmare, it meant chronic back pain, it meant feeling self-conscious no matter what she wore because she knew people would see her bust first, no matter what. 

After discussing her dilemma with a therapist, Linda decided to pursue breast reduction surgery. Following the surgery, Linda complied with all post-operative instructions from her doctor. She knew she’d feel some soreness and tenderness in her breasts after the surgery, but Linda didn’t expect to spend her recovery vomiting, running a fever and suffering from chills and cold sweats. Something wasn’t right, and when she went back to the hospital, Linda was diagnosed with cellulitis, an infection of the connective tissue in her chest area.

Linda was prescribed antibiotics and recovered in two weeks. She was lucky she caught the cellulitis in time – when left untreated, cellulitis can lead to a fatal blood infection. And although Linda recovered physically, she found herself out of work longer than she’d planned to be, feeling anxious and doubting her decision to have the surgery and stuck with an out-of-pocket bill for her emergency room visit. 

So Linda discussed her situation with a medical malpractice lawyer and found out she could file a claim against the doctor who botched her surgery and pursue financial compensation for her losses. 

Lots of Things can Go Wrong with Cosmetic Surgery

Just like any other type of surgery, cosmetic surgery comes with risks. These risks include:

  • Infection
  • Not achieving the desired cosmetic results
  • Surgical equipment being left inside the body
  • Adverse reactions to anesthesia
  • Excessive bleeding
  • Permanent disfigurement 
  • Severe scarring
  • Skin discoloration at the surgical site

Doctors have the duty to minimize these risks. When a doctor fails to take action to reduce the chance of her patient suffering an injury during surgery, that doctor may be deemed negligent. In Linda’s case, her doctor’s failure to properly disinfect and secure her incisions led to harmful bacteria reaching her connective tissue and causing her to develop cellulitis. 

Challenges Specific to Cosmetic Surgery Cases

It’s not uncommon for people injured by cosmetic surgery malpractice to feel hesitant about filing a malpractice claim. They might already feel embarrassed about “having” to pursue cosmetic surgery or that because their surgery wasn’t explicitly medically necessary, that they have no right to seek monetary compensation for their losses. 

Don’t let yourself think like this. You absolutely can pursue compensation and if you were injured because of a doctor’s negligence, you absolutely should. Your case is as valid as any other medical malpractice case. 

However, it is possible you’ll face challenges specific to cosmetic surgery malpractice cases. Common rebuttals against cosmetic surgery claims are that because the patient didn’t need surgery to correct a medical problem, she should be responsible for all its related costs or that she made the mistake of choosing an unqualified surgeon and therefore does not deserve compensation. The reality is, though, that if you suffered an injury because of a surgeon’s error before, during or following your surgery, you are entitled to financial compensation for the losses you suffered as a result. 

Yes, You Can Recover Compensation

The key to recovering compensation for your cosmetic surgery-related losses is working with an experienced medical malpractice lawyer. Through a medical malpractice claim, you can recover compensation for:

  • Your medical bills
  • Your lost wages
  • Your emotional and mental anguish caused by the botched surgery

An effective medical malpractice claim makes it clear that the patient suffered specific damages because of a doctor’s carelessness or failure to follow proper protocol for the specific type of surgery he performed. This is achieved by providing evidence like photographs of the surgical site before and after surgery, copies of the patient’s medical bills, documentation of the patient’s lost wages and medical records showing the injury the patient suffered as a result of the botched surgery. 

A Boston Medical Malpractice Lawyer Can Help You Recover

If you’ve been injured because of a doctor’s negligence, you could be entitled to recover financial compensation to cover all your related losses. Learn more about your rights and legal options as an injured victim today by calling 617-973-550 to schedule your free consultation with Lovenberg & Associates, P.C.