On April 25, 2013, an Ohio medical malpractice jury returned a verdict after eight days of trial in the amount of $5.1 million in favor of a plastic surgery patient and against a plastic surgeon for the woman’s multiple recurrent infections, nerve damage, and permanent scarring as a result of a plastic surgery procedure performed on March 12, 2010. The jury found that the plastic surgeon was negligent and had failed to obtain his patient’s informed consent and that the plastic surgeon committed battery with regard to the surgery. Source
The Underlying Facts As Alleged By The Plaintiff
On or about January 22, 2010, the woman went to the plastic surgeon for a consultation regarding a lower blepharoplasty (dermal filler inserted into the lower eyelids). The plastic surgeon allegedly convinced the woman to also undergo an upper blepharoplasty, an endoscopic forehead lift, fractional laser skin rejuvenation, and Botox injections, which the woman agreed to and paid for.
Following the March 12, 2010 plastic surgery, the woman discovered that the plastic surgeon had performed a traditional forehead lift involving an ear-to-ear incision across her scalp instead of the few, small incisions involved in the procedure that was described to her by the plastic surgeon and was agreed to by the woman, and that the surgeon did not use dermal filler for her eyelids but instead harvested tissue from the woman’s thighs that was inserted in her lower eyelids and that he used the laser on her eyes. As a result, the woman alleged that she suffered permanent nerve damage to her scalp and forehead, she suffered vision problems, and she acquired a serious infection (MRSA).
The woman’s medical malpractice lawsuit alleged that the plastic surgeon committed medical malpractice (that is, breached the standard of care in treating the woman), failed to adequately document the procedures he actually performed on the woman, failed to notify the woman regarding the procedures he performed, failed to perform the agreed-upon procedures, performed an unnecessarily risky procedure on the woman, failed to advise the woman how to minimize her risk of infection after the procedure, failed to diagnose and treat the woman’s infection, and generally failed to exercise the requisite due care in treating the woman.
The woman’s plastic surgery was an elective procedure. She had to pay the costs of the procedures out of her own pocket. The plastic surgeon knew the procedures that the woman had contracted to receive and advised the woman that he could competently provide the procedures agreed upon, in the manner in which they had discussed. When the plastic surgeon deviated from the procedures that were to be performed, he exposed himself to liability for failing to provide what was expected and agreed upon and for the complications that arose due to the deviations.
If you or someone you know were injured as a result of plastic surgery malpractice, you should promptly consult with a local medical malpractice attorney who may agree to investigate your possible plastic surgery malpractice claim for you and file a plastic surgery medical malpractice case on your behalf, if appropriate.
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