Medical Malpractice in Cosmetic Surgery

Cosmetic surgery is any surgical procedure performed for the purpose of appearance. It includes procedures that are superficial and beautifying along with more serious reconstructive procedures performed to improve disfigured portions of patients' bodies. It is a multi-billion dollar industry that received an important impetus for growth after the United States Supreme Court ruled that the American Medical Association could not prohibit professional advertising.

Generally, cosmetic (or plastic) surgery is performed by doctors, nurses, and technicians who work with a predictable high standard of excellence. However, cosmetic surgery is a serious undertaking, and an injury may be caused or contributed to by a breach of the duty of care owed to a patient by the healthcare professionals who treated him or her.

A physician may be certified by one of the member boards of the American Board of Medical Specialties, such as the American Boards of Dermatology, Otolaryngology, Ophthalmology, General Surgery, or Plastic Surgery. Certification by one of these boards gives a patient some assurance of formal training in the fundamentals of cosmetic surgery, but it does not necessarily mean that a surgeon is one of the best or most experienced in a practice area. Board-certified physicians may obtain further credentials in the form of certification by the American Board of Cosmetic Surgery, which establishes a strict set of criteria to ensure experience and proficiency in cosmetic surgery.

Medical malpractice in cosmetic surgery occurs when treatment is contrary to accepted medical standards and it produces injurious results in a patient. A patient asserting a claim of medical malpractice against a cosmetic surgeon is basically stating that the doctor failed to exercise a reasonable degree of skill, learning, care, and treatment ordinary possessed by others in the field.

Before a cosmetic surgery procedure, a physician should consult at length with the patient. This meeting should include a review of the patient's medical and surgical history, surgical expectations, details of the procedure and possible alternatives, and possible risks and complications. The physician should make the patient aware of what to expect before, during, and after the procedure, and he or she should clearly explain what technique has been chosen and the reason for its selection.

Surgical procedures involving breast implants are often the subject of medical malpractice actions. Women choose to undergo this procedure for a variety of reasons, including the change of physical appearance to improve self-esteem. Many women receive breast implants to reduce the appearance of accidental scarring or to alleviate the effects of a mastectomy.

There are three major types of breast implants: saline-filled; silicone gel-filled; or alternative implants. Saline-filled implants are the most popular and safest implants because there is minimal damage to the breast area if the implant ruptures. In addition, saline is not a toxic substance, and the implant can be removed with little harm to the patient. On the other hand, there is more risk to a patient who chooses a silicone gel-filled implant. A rupture causing leakage into the body may be very harmful as a result of the amount of silicone in the gel.

The main types of injuries sustained by patients as the result of medical malpractice in breast implant surgeries include bacterial infections, breast and chest pain, infections due to rupture or deflation, or capsular contracture.