Liposuction is a popular form of cosmetic surgery. Every year millions of Americans voluntarily opt to have the procedure performed. However many times doctors are not properly qualified to conduct the surgery. Many cosmetic surgery mills are motivated by money and fail to inform clients of risks. In other cases the hyper competitive liposuction and cosmetic surgery market has forced plastic surgeons to reduce their costs to attract clients. This cost reduction has also reduced the standards necessary to facilitate a safe operation. There have been horror stories of internal organ damage, or objects left inside the body after an operation. In these cases the treating physicians or plastic surgeons will be liable for injuries caused to their patient.
Here are some interesting statistics on liposuction surgeries.
- 90% of liposuction surgeries involve woman
- Usually those between the age of 31-50 participate in the elective procedure
- Over 350,000 liposuctions performed each year in the U.S.
- Liposuctions were the #1 cosmetic surgery performed in the U.S.
Dangers of Liposuction resulting from Medical Negligence
Liposuction’s can be dangerous for a number reasons. For one you are permitting a vacuum like object to enter into your body for the purpose of removing fat. This vacuum must maneuver around sensitive bodily organs, which can be damaged if improperly managed. In certain cases, the doctors who perform the procedure may be inattentive to the fact that this device can lacerate or puncture vital organs. In other cases, liposuction patients were left with medical instruments or surgical instruments in their bodies after surgery. Removal of these instruments required secondary surgeries which put the patient through considerable amount of pain and suffering to correct. Other dangers include anesthetic malpractice where incorrect doses of anesthesia are given to patients. In such cases there is significant damage to the brain and body that can result. These injuries can leave you permanently disfigured or disabled. In certain cases, patients are left bed ridden without any help.
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While not all liposuctions are dangerous it is important to make sure you work with a qualified doctor. If for any reason you feel that the liposuction was done incorrectly contact a medical malpractice attorney to help you with your case.
Liposuction Medical Malpractice
Medical malpractice lawsuits essentially allege that you a doctor, plastic surgeon or physician failed to perform their duties in a manner consistent with the profession. In other words, the standard of care provided by the treating physician was below the standard of care provided by other in his/her profession. This claim is typically a negligence claim. More on Medical Malpractice claims click here. Elements for a negligence claim include duty, breach, causation and damages. Duty is the duty owed by the healthcare provider or plastic surgeon to perform the liposuction in an acceptable manner. Every patient is owed this duty. Failure to meet this standard is considered a breach. Breach occurs when this standard is not achieved or falls short. Causation is related to whether the plastic surgeon was the cause of the injury. Typically, this will require an analysis of the operation report. Damages is the final element of a negligence claim. Damages considers what your injuries are. How much in damages have you suffered? Were multiple revision surgeries required? These are all important factors considered in your claim. If you are thinking of filing a medical malpractice claim for a liposuction injury you should consult with your attorney. In California you have 1 year from the day of the injury to file a lawsuit. Additionally, you must file what is known as a 90-day letter before you are permitted a lawsuit.
Liposuction Wrongful Death Lawsuit
In the unfortunate event that your loved one has perished from a liposuction injury, you may be permitted to bring a wrongful death lawsuit on their behalf. Wrongful death lawsuits are brought on by heirs of the deceased party on their behalf. This type of claim essentially allows the family of the deceased to pursue a claim for their injuries. Wrongful death lawsuits for liposuction errors are permitted to be brought by certain family members.
In California permitted heirs include husbands, wives, children and if in certain cases parents and siblings. In order to fully understand which parties are permitted to file a lawsuit make sure you speak with your attorney. Generally, with a wrongful death lawsuit you are permitted to claim damages for loss of income and services. This figure is determined by the economic earning capacity of the deceased party. Courts will consider future earnings and loss of services as a factor when placing a dollar value to such cases.
Contactar con un abogado
Liposuctions are not dangerous per se, but you should be aware of the dangers. Make sure to speak with someone if you are experiencing complications after surgery. It is critical that you consult with your doctor to fully understand whether you have any prolonged damage to your body. If you would like to speak to an attorney at Downtown L.A. Law feel free to call us at (855) 339-8879 para una evaluación gratuita de su caso.