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Plastic surgery is a very personal process especially boob job and nose job; thus, when the results are not as expected, it might get stressful for many people.
Medical procedures always contain a certain amount of risks, but if the doctor is negligent, you can file for a medical negligence compensation claim.
What is Medical Negligence?
Medical negligence is tricky to prove, as failure is demonstrated by establishing a duty of care if a doctor breached that duty of care and the medical staff who were responsible caused harm due to that breach.
The concept of medical negligence is the same but how it applies is with strict liability.
Doctors and surgeons take lives into their hands. Therefore, they are charged with stricter liabilities.
The 4 elements of proving medical negligence are as follows:
- The doctor owed a duty of care or the healthcare professional.
- The treatment you received was not according to the reasonable standard of care.
- The poor treatment caused you harm or resulted in your suffering.
- All of the above led to harm and loss.
In medical negligence cases, there are thousands of ways a doctor or surgeon could be negligent. Still, when it comes to plastic surgery, the crucial element is whether or not the doctor has been informed about the risks involved in the operations.
Plastic surgeries rarely are medically related; instead, they are purely cosmetic related, as they are selective and not necessarily for survival.
All you need to know about plastic surgeries
A plastic procedure such as a boob job is the medical procedure of altering one’s facial or bodily features; it is either done for reconstructive or cosmetic purposes.
Plastic surgeries are complicated procedures. Cosmetic and plastic surgery has been on a boom lately as social media has grown tremendously over the years.
Due to unreasonable beauty standards, many people opt for plastic surgeries and cosmetic procedures.
The procedures alter either the face or the body, but with the rise of these procedures comes the lack of regulation and qualified individuals performing them.
The lack of care and regulation causes many medical problems, resulting in medical negligence compensation claims.
The main issue regarding medical negligence claims is the failure to inform the patient of the risks involved and the inability to predict the outcomes.
Types of plastic surgeries
There are various types of plastic surgeries, but some of the most common are boob jobs and nose jobs. They are also called breast implant surgeries and nose reconstructive surgeries.
Boob jobs are one of the most done plastic surgeries, many celebrities and women prefer to alter the shape of their bodies, but these are one of the most failed medical cosmetic procedures too. The risk involved in the surgery is very high, and any negligence can lead to complicated medical issues.
Difference between Cosmetic and Plastic surgeries
Plastic surgeons usually carry out procedures to restore the appearance and function of any tissue so that its back to normal. The process is called reconstructive surgery, which plastic surgeons perform.
Cosmetic surgeries are superficial and rather done for modification, they are not linked with any medical concerns.
Many cosmetic surgeons are not technically surgeons as they are not equipped with specialized training to perform surgeries.
Plastic Surgery as Medical negligence
If you are facing health problems or maybe that boob job did not go the way it should have gone, you might be thinking of making a medical negligence compensation claim.
But as plastic surgeries are not characterized as medical procedures, the legal limitations might be confusing, leading to many complications and legal paperwork.
Although with the right legal help and adequate evidence, you can successfully claim medical negligence.
When plastic surgery fails, it might be for several reasons. Common injuries include – post-operative infections, damage to the skin or nerves, allergic reactions, scarring, bruising, or misalignment.
However, the law does not recognize every of the side as mentioned above effects as medical negligence. But that does not mean that doctors’ malpractice goes unnoticed. Therefore, if you have sustained injuries from your plastic surgeries, consult an experienced medical negligence lawyer for advice today.
How common are plastic surgery failures in Australia?
With the rise of plastic surgeries in Australia, many practitioners are now opting for this field. Thus, medical negligence compensation claims have been increasingly common nowadays.
Procedures performed by inexperienced individuals are likely to cause medical malpractice compared to certified specialists with years of experience.
7 Common types of Plastic Surgery Fails
The most common type of plastic surgery fails are as follows:
- Graft claims
- Dermal filler negligence claims
- Breast surgery “boob job” negligence
- Tummy tuck fail
- Liposuction Compensation
- Facelift Compensation
- Nose job Compensation
4 situations that can lead to a plastic surgery fails
- The doctor was negligent, which resulted in infections and bruising.
- The surgeon or staff wrongly administered your medicine, or you were given the wrong dosage.
- Medical staff should have correctly informed you about the risks or side effects of the surgery.
- You find out that your doctor was unqualified and inexperienced for the procedure.
How to file a successful medical negligence claim?
Some specific rules and laws are required to establish medical negligence claims.
Plastic surgeons and medical staff are responsible for the surgery and the patient’s safety; thus, if the surgeon is negligent, there are specific steps you need to follow for a successful medical negligence compensation claim.
- Waiver: In all plastic and cosmetic procedures, the hospitals require you to sign a waiver in which all the medical risks are mentioned. The disclaimer is an essential piece of evidence. Therefore, you must keep a copy to yourself. The medical dangers involved are mentioned, but that doesn’t mean that the doctor can be negligent.
- Collecting evidence: All the necessary documents and receipts of the hospital should be organized so that you can provide evidence when needed. These documents can include any waiver you have signed, as your lawyer should be aware of the whole situation before he can make an informed decision.
- Compensation: Compensation varies accordingly depending on the injury you have sustained. Talk to your local legal consultant today to know which type of medical compensation you qualify for.
What can you do to protect yourself?
Considering how risky plastic surgeries are, it’s must be fully aware of your rights and duties.
One of the best things anyone can do when thinking of undergoing any plastic surgery procedure is research. Read the official guidelines for doctors or surgeons in the Australian society of plastic surgeons.
In this way, you will know he set standards for the duty of care for surgeons. Another way of understanding the risks is getting multiple consultations from various surgeons. In this way, anyone can understand the standard for the particular procedure you are opting for.
Visit the Australian Board of Plastic and Reconstructive Surgery website to learn more about surgeons and medical practitioners.
Go for experienced individuals in the field so the chances of getting the surgery wrong go slim.
Establishing liability
All doctors must uphold a certain level of competency and care when dealing with their patients; surgeons alike are expected to enforce the same skill level in their procedures and surgeries.
Hence if your surgery does not have the same level of skill, then it means that your surgeon has been negligent.
If the surgery fails, not only does the patient faces physiological problems, mental trauma that a patient has to endure is too much for anyone.
Furthermore, you can also include lost wages due to inability to work, pain, and other potential injuries.
Thus collecting all the relevant documents is a given rule in all of these cases, as the injury must be due to the doctor’s incompetence. Everything should be on the record, making the process easier for you.
What can you claim as medical compensation?
The amount and type of compensation vary with different cases; some compensation payouts range from a few hundred to thousands of dollars. The compensation amount can include
- Lost income or the income you lost because you were unable to work due to the injury you sustained due to medical negligence.
- You can also ask for domestic assistance to and from the clinic for medical treatments.
- Travel expenses are also covered under medical negligence compensation claims.
- The pain and suffering due to the injury sustained. It also covers psychological trauma.
- Any medical expenses such as getting retreated by the doctor or for injuries sustained.
Consult United Legal for advice today
With medical lawyers that give the best legal advice in the town, United legal will be the solution to your compensation claims as we examine every little detail of your suit so that you can get the maximum compensation possible.
Undergone plastic surgery and sustained some injuries but do not know where to start, then visit or contact United Legal for advice today!