Here are a few of the challenges you may encounter in navigating a medical malpractice in cosmetic surgery case.
Much like any medical malpractice situation, surgical errors in cosmetic surgeries can cause significant damages that you should receive compensation for. Cosmetic surgeons can be, and often are, sued for their errors. However there are difficulties in winning a cosmetic surgery malpractice suit. Here are a few of the challenges you may encounter in navigating your case.
Your Choice, Your Fault?
Often cosmetic surgery malpractice cases are disregarded because of the voluntary nature of the surgery. Unlike traditional medical surgeries, most times there were no significant or life-threatening health concerns that required cosmetic surgery. Because you have elected to undergo plastic surgery, a jury won’t take any injuries you may have sustained as seriously. It’s critical to the success of your case to give your attorney the full story behind your choice to have cosmetic surgery, even if the details feel frivolous to you. For example, if you wanted a simple face-lift procedure to give you self confidence but instead were left with permanent facial scars, your lawyer can appeal to the emotional impact of these damages.
Jury Bias
In most cases, a jury is selected with the utmost caution against biases. However, the often-universal bias against cosmetic surgery is so prevalent that it’s sometimes impossible to have a truly fair trial. Jurors who have never had cosmetic surgery or can’t afford it will likely see it as an act of vanity and a waste of money. They might be inclined to think that you were at fault for subjecting yourself to the risks of surgery, unnecessarily according to them. If you had liposuction, a biased jury might already condemn you for taking the so-called easy way out of losing weight. Even jurors who have had cosmetic surgery might blame you for your choice of surgeons or for having unrealistic expectations. Again, this is why it is so important to communicate everything to your attorney. Regardless of your reasons for cosmetic surgery, it is still a service that you invested time, money, and trust in, and a good attorney will communication that this is reason enough for a fair ruling.
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