Important Facts About Botched Surgery (and What to Do About It)

Juliet D'cruz

Updated on:

The popularity of cosmetic surgery has reached new heights, with over 350,000 rhinoplasty surgeries in 2020 (and that doesn’t even factor in other forms of plastic surgery). While advances in medical technology have made these surgeries safer, inexperienced or lazy doctors can still cause these surgeries to end with disastrous results.

If you are the victim of such carelessness, you have a legal recourse of action to seek damages for the negligence. But what specific qualifications are there, and how do you go about getting damages?

Well, that’s why we’re here. With our guide to the important facts about botched surgery and what to do about it, you’ll be ready to get justice. So without further ado, let’s begin.

What Qualifies as Botched Surgery?

It’s important to assert that botched surgery does not refer to plastic surgery that is performed perfectly, but the patient ends up unhappy with the result. Botched surgery instead refers to surgery where something becomes worse that should not have been.

For example, if your surgeon told you that you would look one way at the end of the procedure and you come out looking very different, that would fall under botched surgery. If the surgery exacerbates old medical conditions or creates new ones (infection, damage to the operated area, etc.), you also have grounds to seek legal damages.

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Medical Malpractice and How to File It

The main way to seek legal damages from botched surgery is through a medical malpractice suit. To have grounds for this suit, you’ll need to prove four things.

First, you’ll need to show that the surgery was botched and that you have suffered as a result. You’ll also need evidence that the injury resulted from the botched surgery and not a separate incident. Proof of a medical relationship between you and the surgeon must also get presented.

Finally, you will have to demonstrate that the surgeon was negligent (not licensed, lied about the outcome, etc.). 

But what if the surgery error was due to a broken machine rather than a person? In that case, you can direct your suit against the manufacturer.

It’s important to keep in mind that there is a time limit for how long you have after the surgery to file suit. If that window closes, you no longer have grounds to seek damages.

You’ll also want to bring on a medical malpractice lawyer to get a legal professional trained, especially for these cases in the room with you. You can read more here to learn about the benefits a medical malpractice lawyer brings to the table.

Other Courses of Action

In some cases, medical malpractice suits aren’t the only way to seek damages. If it was an honest mistake, some surgeons offer free “fixer” sessions to correct any damages done to you by the first surgery. You should only take this option if you have reason to trust that the outcome will be different.

Getting Justice

Now that you have this guide on botched surgery and what to do about it, you’re prepared to defend yourself from any crooked surgeon who tries to shortchange you. And if you’re looking for more advice regarding legal defense, make sure to check out the other articles on our blog!

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