Read This Before Filing a Plastic Surgery Medical Malpractice Lawsuit

In December 2024, a Cook County jury in Chicago awarded $66 million to the family of Idalia Corcoles, a 39-year-old mother of four who died after she was left unattended while suffering from post-plastic surgery internal bleeding for hours. This was perhaps the largest medical malpractice settlement involving plastic surgery in recent times amidst a rise in such cases recorded all over the nation. 

"This verdict sends a powerful message about accountability in the medical field, particularly in the realm of elective procedures like plastic surgery. Patients trust their surgeons with their lives, and when that trust is broken due to negligence, the consequences can be devastating. This case highlights the importance of holding medical professionals responsible when they fail to meet the standard of care, ensuring that families receive the justice they deserve,” says attorney John Fisher of The New York Injury & Malpractice Law Firm. 

Which Cosmetic Procedures Are Most at Risk of Malpractice?

Cosmetic procedures comprise both surgical and non-surgical elective procedures that are performed to enhance a person’s appearance. There are many types, each designed to achieve a specific outcome. Below is a rundown of those that face the highest risk of surgical error: 

• Brazilian But Lift (BBL)

BBLs have been associated with a higher mortality rate compared to other cosmetic procedures. It involves a liposuction procedure that removes fat from areas like the abdomen or thighs. The fat is purified and then injected into the buttocks to enhance their size. If fat is inadvertently injected into the large veins in this area, it can potentially travel to the heart or lungs, causing a fatal fat embolism.

• Liposuction

Liposuction is a popular cosmetic procedure that carries a significant risk. Surgeons typically remove excess body fat from specific body parts to improve contours and proportion. However, because it involves adding and removing fluids, it can affect heart and kidney function, leading to complications. Doctors use a tube-like device called a cannula to perform the liposuction. If it is inserted too deep, it can puncture internal organs. 

• Abdominoplasty (The tummy tuck procedure) 

When performing a tummy tuck, a surgeon removes excess skin and fat from the abdomen. They then tighten the muscles to achieve a firmer abdominal profile. The problem with this procedure is that it increases the risk of blood loss and infection, especially with larger incisions. At the same time, patients typically have limited mobility after the procedure, which can increase the risk of a blood clot. 

These are just but a few of the cosmetic procedures with the highest risk of complications arising from medical error. Issues can arise from pretty much any procedure. 

Proving a Plastic Surgery Medical Malpractice Lawsuit

Like most personal injury claims, winning a plastic surgery lawsuit involves proving the following:

• Duty of care

By entering into a contract to perform the procedure, your doctor is obligated, by law, to provide the standard level of care expected in the field. This is the starting point of your case—showing the existence of these relationships. 

• Breach of duty 

According to personal injury law, a breach of the duty of care we discussed above occurs when the surgeon fails to meet the standard threshold, i.e., by making negligent errors during surgery, using poor judgment, or not providing adequate care before or after the operation. 

• Causation 

Next, you must demonstrate that the breach caused direct injury harm for which you suffered significant loss. You must rule out the possibility that your injuries resulted from another medical condition using detailed medical records and expert witness testimony with the assistance of a personal injury attorney. 

• Damages 

Finally, it's your job to demonstrate that you suffered significant loss as a result of the surgeon's negligence. The most important of these are physical injuries, along with emotional distress, medical expenses, and lost wages, among others. 

The Importance of Working with a Personal Injury Attorney

While it’s perfectly fine to pursue your claim on your lonesome, it's less advised. You’re better off partnering with a lawyer with experience in these kinds of cases. While no two cases are the same, a reasonable attorney definitely knows the dos and don'ts of these suits. They’ll be able to break down complex legal topics for you and make sure you understand your rights as well as what to expect as the case progresses.