So Your Surgeon Screwed Up …..OOOOPS!!!
Well it’s been months now and you’ve been saving up to have your dream surgery done. You finally saved up enough or got a loan from the bank or one of those medical care credit providers. You have done your research (I really hope you did), you set the date and all ready to reveal the new you, or so you think at least. Guess what? I am happy for you. But, what happens when it all goes wrong? What steps do you take?
All doctors make you sign arbitration agreements and suing can be rather costly. So right here I am going to try and give you some incite into what happens when you are dissatisfied and you tell the doctor, “doctor, I think we’ve got a problem”! Plastic surgery problems can come from all angles, that’s why I keep saying, “ make sure you choose your surgeon right”! So lets start.
You’ve had the surgery, bandages are off, and a couple of weeks later you don’t like what you see in the mirror. What can you do?? Firstly I will like to make some things clear. Some people come out and don’t like the results of the surgeons work, most of the time it’s not the surgeons fault. A lot of times people think this nip or tuck will turn them into JLO and then they realize they still look like their old self but a more improved version. This can cause some patients to blame their surgeon for not doing what they wanted. A lot of times he has done what you wanted, what you both discussed and what you both agreed will suit you. However in three dimension it just does not look the way you thought it would.
That’s why I love Korean surgeons, they are meticulous to a fault and will even do a whole CAT scan of your head for a nose job. Now this is real dedication to the craft. You see you could look at a magazine and want to look like somebody else and the sad truth is you will never cause you are different people. The two of you would not look alike. Rather you should try and achieve things with surgery that complement your face. What is it with everyone having fake big rubber lips all of a sudden. Less is more darlings.
Back to the conversation. If you are unhappy with your results because of the way you look in the mirror its most likely not the surgeons fault but you can both talk about it and see if tweaks may be possible and the cost of such extra procedures. Yes, most surgeons will charge extra! Even after they may be guilty for the screw up. Now time to discuss complications and extreme dissatisfaction. By extreme dissatisfaction I mean when you know your surgeon truly fucked up. The results look ok, you have that 5-inch scar across your chest yet it was supposed to be a 1.5-inch boob job scar. Or he gave u the nose of a pixie though you bargained for just a slight change.
A lot of this stuff is malpractice and though I am not an attorney and you will need to get one, I must say malpractice lawsuits can be complex and complicated. My prayer for you is that whatever the problem is it is fixable. That should be your first recourse even if you have to try and sue your doctor. You may need to fix the problem. I mean all complications are fixable to some degree and that’s why to avoid having to fix a botched up job, research well before you take the plunge. In a lot of European countries and abroad it is very hard to sue a surgeon except of course if it is for malpractice. You cannot sue a surgeon just because you don’t like the way things turned out.
You have to have justification for why you are suing. If its malpractice you may have a case. All surgeons in the USA make you sign an arbitration agreement. To prevail in a medical malpractice lawsuit against a cosmetic or plastic surgeon, the plaintiff must show: 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. If all this apply then you can probably have basis to file a malpractice lawsuit and how you reach a settlement as it is a long winded process. Firstly a preliminary investigation will need to be made, you file the law suit followed by pretrial discovery and then negotiations and maybe a settlement the trial if that does not work.
Law suits are costly and can be crazy so best thing is to get advice from a competent attorney. Also most of the time by signing an arbitration agreement you are essentially giving up your right to sue the surgeon in court. This may come back to bite you, but, with most plastic surgeons today these agreements have become standard.
This brings me back to my point. Make sure you find a great surgeon one that knows what he is doing and is responsive in case of any concerns you may have after your surgery. Remember the aim is not to have to deal with suing a doctor after, but rather to be satisfied with the great work he has done.
