Can You File a Medical Malpractice Claim After a Cosmetic Procedure?

Yes, you can file a medical malpractice claim after a cosmetic procedure if the surgeon, doctor, or medical professional provided care that fell below the accepted standard in the field and caused you harm. While elective cosmetic procedures may seem different from necessary medical treatments, healthcare providers performing these procedures are still required to meet the same professional standards of care. When they fail to do so and cause injury, patients have legal recourse through the medical malpractice system in Colorado.

At Mintz Law Firm, we understand the physical and emotional trauma that can result from a cosmetic procedure gone wrong. Our experienced medical malpractice attorneys are dedicated to helping victims of negligent cosmetic procedures seek the compensation they deserve. We recognize that even though these procedures are often elective, negligence during cosmetic treatments can lead to serious health complications, disfigurement, and emotional distress.

Medical Malpractice in Cosmetic Procedures

Medical malpractice occurs when a healthcare provider deviates from the standard of care expected in their profession, resulting in harm to the patient. This standard applies equally to cosmetic surgeons and practitioners offering cosmetic treatments.

Common Types of Cosmetic Procedure Malpractice

Cosmetic procedure malpractice can take many forms and occur in virtually any type of aesthetic treatment. Some of the most common types include:

• Surgical errors during procedures like facelifts, breast augmentation, or liposuction
• Anesthesia complications due to improper administration or monitoring
• Infections resulting from inadequate sterilization or post-operative care
• Burns or skin damage from laser treatments, chemical peels, or other non-surgical procedures
• Nerve damage leading to numbness, tingling, or paralysis
• Unsatisfactory results that significantly deviate from professional standards
• Failure to obtain proper informed consent about risks and potential outcomes

It’s important to note that unsuccessful outcomes alone don’t necessarily constitute malpractice. The key factors are whether the provider followed the appropriate standard of care and whether their negligence directly caused your injuries.

Non-Medical Providers and Liability

An increasing concern in cosmetic procedure cases involves treatments performed by non-medical professionals. Med spas and beauty salons may offer treatments like Botox injections, dermal fillers, or laser therapies without proper medical supervision.

When these procedures are performed by inadequately trained staff or in facilities without proper medical oversight, the risk of complications increases significantly. In such cases, the facility itself, its owners, and potentially the supervising physician may all bear liability for resulting injuries.

Proving Medical Malpractice in Cosmetic Cases

To successfully pursue a medical malpractice claim after a cosmetic procedure, you must establish four key elements:

Professional Relationship

You must prove that a doctor-patient relationship existed, establishing the provider’s duty of care toward you. This is typically straightforward in cosmetic cases, as there will be records of appointments, consultations, and treatments.

Breach of Standard Care

You need to demonstrate that the provider failed to deliver care that meets accepted professional standards. This often requires expert testimony from other medical professionals in the same field who can explain how the care provided deviated from proper protocols.

Causation

You must establish a direct link between the provider’s negligence and your injuries. This can be challenging, as providers may argue that complications were known risks of the procedure or resulted from other factors.

Damages

Finally, you need to document the harm you suffered, which may include additional medical expenses, lost income, physical pain, emotional suffering, and disfigurement.

Unique Challenges in Cosmetic Procedure Cases

Medical malpractice claims involving cosmetic procedures face some specific challenges that can complicate these cases.

One significant hurdle is the issue of informed consent. Providers may claim that they thoroughly explained all possible risks and that you accepted these possibilities before proceeding with treatment. However, proper informed consent requires more than simply signing a form—it involves a meaningful discussion of specific risks related to your personal health profile and the particular procedure.

Additionally, cosmetic procedure cases often involve complex questions about emotional damages. While physical injuries are easier to document, the psychological impact of disfigurement or other aesthetic complications can be profound but more difficult to quantify in legal terms.

Contact a Colorado Medical Malpractice Attorney

If you’ve suffered harm from a negligent cosmetic procedure, it’s crucial to work with attorneys who understand both the medical and legal complexities of these cases. At Mintz Law Firm, we have extensive experience representing clients in medical malpractice claims, including those involving cosmetic procedures.

The Mintz Law Firm team brings together medical knowledge, legal expertise, and genuine compassion for what our clients have endured. We work diligently to build strong cases that demonstrate negligence and secure the compensation our clients need for additional treatments, lost wages, and pain and suffering. Don’t face this challenging situation alone—contact us today at (303) 462-2999 or through our contact form to schedule a free consultation about your case.