Cosmetic Surgery Malpractice in New Hampshire
Plastic or cosmetic surgery is a type of surgery performed for physical or aesthetic enhancement purposes. It is also used for reconstructive purposes or skin grafts when a person has been disfigured due to injury or birth defect. Even if it is elective, plastic surgery is still a type of surgery and NH medical malpractice laws still apply. When a person suffers unnecessarily due to a plastic surgeon's negligence, they may be entitled to compensation. Common plastic surgery injuries include:
- Leakages – Commonly, plastic surgery involves implanting a synthetic substance such as a breast implant or collagen or Botox injections. If these substances leak and cause complications or damage this can be considered a surgical error.
- Opening of incisions – Like any surgery, incisions that are not sealed correctly can open and lead to infection or other complications.
- Error or mistake – Surgeons or staff who do not use proper technique or make surgical mistakes can be held liable for their errors. Errors include operating on the wrong area, performing the wrong procedure or leaving a foreign object inside of the patient.
Plastic Surgery Malpractice Laws in New Hampshire
Like other types of medical malpractice, plastic surgery malpractice requires negligence to be proven. In order to prove that a surgeon was negligent there are certain elements that should be present. For one, the surgeon should be shown to have breached the care of duty that they owed to the patient by not performing the procedure correctly or by making some other type of error. The patient must also show that they were injured or were caused unnecessary pain and suffering as a result of the negligence of the surgeon. Finally, it should be shown that the error performed by the surgeon directly resulted in the injury that caused the patient to suffer. Basically, a medical malpractice case must show that a surgeon was negligent and that negligence caused the patient to suffer unnecessarily in some way.
Under New Hampshire law there is no limit to the amount of damages a victim of medical malpractice can receive. According to §519-B:6, the panel that reviews medical malpractice cases will have 30 days to decide whether the victim is eligible to pursue the claim by answering the following questions:
(a) Whether the acts or omissions complained of constitute a deviation from the applicable standard of care by the medical care provider charged with that care;
(b) Whether the acts or omissions complained of proximately caused the injury complained of; and
(c) If fault on the part of the medical care provider is found, whether any fault on the part of the patient was equal to or greater than the fault on the part of the provider.
Call a New Hampshire Malpractice Attorney
If you have been injured due to medical malpractice after receiving plastic or cosmetic surgery, contact our office right away. There are statutes of limitations of two years for most types of medical malpractice cases. An experienced medical malpractice lawyer can help you file the necessary paperwork right away and get the best possible results.