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Atlanta Criminal Defense Lawyers > Blog > Personal Injury > Can I File A Medical Malpractice Claim If I Am Unhappy With My Cosmetic Surgery?

Can I File A Medical Malpractice Claim If I Am Unhappy With My Cosmetic Surgery?


Many of us are not happy with our bodies. Our stomachs are too flabby. Our faces have too many wrinkles. Our breasts are too small.

We all have flaws, but many of us accept them. Then there are millions who do something about them. In 2018, more than 17 million people underwent plastic surgery in the United States.

Like any type of surgery, there are risks involved in cosmetic procedures. If a plastic surgeon is negligent and causes injury to a patient, then they can be sued for medical malpractice. But what happens if the patient is perfectly fine but not happy with the results of the procedure? Do they have any sort of legal recourse?

Most likely, no. However, there are some issues that can occur during plastic surgery that may warrant a lawsuit. For example, the patient may suffer scarring or an infection. Maybe the surgeon punctured an organ. Perhaps the surgeon deviated greatly from what was promised (for example, the patient got a breast reduction instead of the enhancement they wanted).

Also, keep in mind that cosmetic surgery is not the same as reconstructive surgery. Reconstructive surgery fixes defects you were born with, defects caused by disease, and defects caused by injuries. It is done for medical reasons, not for reasons of vanity. They are often necessary procedures to help improve a person’s quality of life.

What if I Just Don’t Like the Results?

Medical malpractice cases are difficult enough to prove in court and get a successful outcome. If your only complaint with the plastic surgery is that you simply “don’t like it,” then you’ll be out of luck in the courtroom. A judge and jury is not going to feel sorry for you because you underwent an unnecessary surgery and did not like the results. A jury will likely find you vain and rule against you. People tend to have biases against those who engage in plastic surgery, so you’re likely not going to garner a lot of sympathy from the jury if they feel as though you are whining about something that you didn’t have to do in the first place.

Because of this, there needs to be some legal basis in your claim. The claim must contain certain criteria and there are several elements that must be proven in court. If your claim is  lacking, the case will typically not move forward because there is no possibility of winning in court.

Speak to a Georgia Personal Injury Lawyer Today

Cosmetic surgery is an elective procedure. As such, it is hard to win a medical malpractice case against a doctor if you are not happy with the results.

The Alpharetta personal injury lawyers at Hawkins Spizman Trial Lawyers can help you understand the necessary elements of a medical malpractice case. If you have a solid case, we’ll fight hard to get you the compensation you deserve. Schedule a free consultation today to learn more. Call our office at 770-685-6400 or fill out the online form. We represent individuals in Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.



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