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Challenges of Winning a Cosmetic Surgery Malpractice Lawsuit

Oct 5, 2021 | Firm News

In search of a Cosmetic Surgeon? The holidays are an excellent time because the abundance of time off during the holiday season allows for extra recovery time without having to take off work. Before you decide on getting a cosmetic procedure, you have to understand what exactly will help you. There are many factors to a successful surgery. You must understand the liability of your particular surgeon and understand the laws regarding the protection of your interests.

Cosmetic surgery covers a vast range of procedures that differ from physician to physician. Most cosmetic surgery procedures fall within the three significant categories of reconstruction, restoration, and remodeling.

Common Procedures

There are numerous procedures that are commonly conducted, such as:

  • Reconstruction
  • Breast Reduction
  • Cheek Resurfacing
  • Pregnancy Patch
  • Forearm Lift
  • Hip/Thoracic Liposuction
  • Breast Reduction
  • Bikini Line Reduction
  • Breast Augmentation
  • Side Lift
  • Botox
  • Facial Fat Grafting
  • Laser Hair Removal
  • Body Contouring
  • Liposuction
  • Neck Lift
  • Fat Grafting (dietary excess and fat transfer)

It is essential to understand that every surgeon performs a cosmetic procedure differently when it comes to cosmetic surgery. The decision on the cosmetic procedure will affect you in many different ways. Cosmetic surgery is a very personal decision.


Painful complications from Cosmetic Surgery can affect how you look and how you feel in the short and long term. When mistakes are made due to negligence, it is imperative you contact a member of Garau Germano, P.C. to review the details of your case. Common complications look like:

  • Hematoma
  • Seroma
  • Blood loss
  • Infection
  • Nerve damage
  • Blood clots
  • Organ damage
  • Scarring
  • Complications of anesthesia
  • The dissatisfaction with appearance

What Makes Plastic Surgery Cases Complex

Cosmetic surgeons can be sued for malpractice like any doctor, but the elective nature of cosmetic surgery makes it more difficult for plaintiffs to bring legal claims successfully.

To have grounds to make a claim against a plastic surgeon, you must be able to prove:

  • The doctor had a duty to the patient.
  • The doctor breached that duty by acting negligently or failing to act.
  • An injury was sustained.
  • The injury is a result of the breach.

Most of the complications in a cosmetic procedure involve dissatisfaction with appearance after the surgery is complete. Usually, circumstances like these are not enough grounds to make a case. Unless the doctor causes a disformity of some kind that will create future complications, or your “botched” appearance resulted from a surgeon’s negligence, you need to provide the evidence above to make a claim successfully.

When Mistakes are Made

From time to time, medical errors occur. If you find yourself a victim of medical malpractice during your cosmetic procedure, contact our firm today to speak with our experienced attorneys. We are ready to stand by your side and fight for the compensation you deserve.

Call the attorneys at Garau Germano, P.C. today to discuss the details of your case. Your initial consultation will always be free. We are here for you.