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How Can I Sue a Plastic Surgeon in NYC?

Founding Member of Moshes Law, P.C.
During his years of practice, Yuriy has concentrated in litigation and real estate transactions as his areas of expertise.

This article will inform you of medical malpractice, medical negligence, potential risks, errors and injuries from cosmetic procedures, how and when to sue for a personal injury brought on by a cosmetic procedure. We can help you establish what errors were made during your procedure and obtain the settlement you deserve. Our experienced lawyers will hire expert medical witnesses to examine the alleged malpractice and negligence that took place in your case. Once the error is established, then your lawyer will file a claim and proceed to trial if necessary and you will be on your way to a settlement. 

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    Take immediate action and contact us at Moshes Law in New York. Our attorneys are skilled and experienced in plastic surgeon malpractice lawsuits and are ready to help you file for cosmetic injury claims. Visit and sign up for a free consultation to speak with our lawyers specializing in medical malpractice. There are statutes of limitations that apply to medical malpractice cases so take action immediately and contact an attorney who will promptly file your claim. 

    What is Cosmetic Surgery Negligence? 

    This type of negligence occurs when a mistake is made by a surgeon during a plastic surgery procedure resulting in injury to the patient. Medical negligence occurs when an inexperienced medical person performs a procedure with errors that can cause pain and suffering. When you undergo a medical procedure you place your trust in the medical professional to act in good faith and to perform the procedure properly. Once an error is made and that trust is broken, the medical professional has failed you and negligence has occurred. 

    Procedural Errors

    With any type of surgery, you take a risk and mistakes can happen. However, the mistake should never cause pain and suffering. If you are suffering from any type of pain or injury from a cosmetic procedure you may be entitled to compensation claims. One of our lawyers will guide you through the claims process in your plastic surgery or medical malpractice case. 

    Examples of procedural errors that result in pain and suffering:

    1. Anesthesia failure 
    2. Hospital infection 
    3. Damaged nerves causing loss of feeling 
    4. Surgery performed on incorrect body part
    5. Wrong cosmetic procedure performed 
    6. Unnecessary surgery performed without consulting patient 
    can i sue a plastic surgeon

    Inexperienced or Unskilled Surgeons

    Cosmetic surgery negligence can also occur when an inexperienced or unskilled plastic surgeon performs your procedure. Similar to any type of surgeon, plastic surgeons are held to a high standard of knowledge and skills. A plastic surgeon who lacks this knowledge and skill set should not perform any type of cosmetic procedure or it could result in plastic surgery malpractice. 

    When Can a Cosmetic Surgery Error Give Rise to a Medical Malpractice Lawsuit? 

    Whenever a personal injury or death occurs there are grounds for suing a plastic surgeon. Injury from a cosmetic procedure can be serious and in some cases, everlasting or fatal. If the duty of the contract was breached by the medical professional due to a negligence action or inaction, this is also grounding for a potential medical malpractice lawsuit.  Procedural errors mentioned above can be considered as an act of negligence which are reasons to sue your plastic surgeon. 

    Potential Injury from Cosmetic Surgery.

    Injuries inflicted from a medical procedure are very serious and in some cases can be fatal. Listed below are examples of complications that can occur due to plastic surgery: 

    • Hematoma or blood clotting
    • Infection
    • Seroma 
    • Blood loss
    • Scarring
    • Nerve damage 
    • Drop in blood pressure 
    • Deep vein thrombosis and pulmonary embolism 
    • Organ damage
    • General appearance dissatisfaction 
    • Necrosis (insufficient supply of oxygen causing death of tissue)
    • Death 

    These types of injuries are very serious and can be caused by any type of cosmetic procedure such as breast augmentations, facelift, reconstruction, etc. If you have received any of these injuries or discomfort due to a plastic surgery procedure please first go to the hospital before your condition worsens and then contact an attorney immediately. 

    Some of these injuries can be fatal and it is important to be professionally treated right away. It is also important to hold the responsible party accountable for their negligence in causing you injury. No one deserves to suffer especially by the hands of a medical professional.

    Are Any Cosmetic Procedures Covered by Insurance? 

    Many insurance companies do not cover elective cosmetic surgery unless it is medically necessary or reconstructive. There are a few common procedures that can be covered by insurance such as: 

    • Rhinoplasty: if breathing or sleeping problems occur
    • Skin removal surgery: if chronic rash, infection or other condition exists
    • Blepharoplasty: if vision is impaired 
    • Breast augmentation or reconstruction: mastectomy for breast cancer. 
    cosmetic injury claims

    However, even if your procedure was not covered by your insurance you are still eligible to sue for medical malpractice if negligence occurred. 

    How to Prove Plastic Surgery Malpractice 

    The answer is to first hire an experienced medical malpractice attorney. The attorneys at Moshes Law are experienced in personal injury and malpractice lawsuits. They will help prove plastic surgery malpractice by hiring an expert witness. An expert witness will review the work performed by the surgeon(s) in question and testify to that performance based on experience and expertise. 

    Plastic surgery malpractice cases can be challenging in the defense that the patient did not need the surgery for any medical reason and that it was an elective surgery, which is usually not covered by the patient’s insurance. Although this can be a powerful defense, there is still no reason the patient should endure pain and suffering even if the procedure was voluntary. The argument against this defense is to question the expertise and skills of the surgeon whose performance resulted in injury to the patient.

    Medical Malpractice Attorney Free Consultation




      Good plastic surgery malpractice attorneys will know many credible doctors/surgeons in the medical community who will help determine malpractice and negligence in your plastic surgery case. You will need medical testimony establishing what the negligent physician did or did not do. If proven the physician acted negligently, then you may be entitled to cosmetic injury claims. Contact us today and speak with an experienced medical malpractice attorney to see how you can be refunded in plastic surgery malpractice settlements and how much you should ask for a personal injury settlement. Every case is unique and there is no specific amount that will be received in a settlement. You can speak with an attorney today to find the common factors that all cases share which play a role in determining the worth of your personal injury case 

      FAQ: 

      How Can I Get My Money Back From a Plastic Surgeon?

      Cosmetic surgery is becoming a very popular type of surgery in this present time from facelifts to breast augmentations. Unfortunately, mistakes can be made and you may wonder how you can get a refund from a plastic surgeon. Surgery is not the same as a retail purchase where you can just return the item and get your money back. It would be amazing if it worked out that easy. Instead it can be a challenging process to be compensated or refunded from your procedure. You have to prove an injury and suffering was a result from your plastic surgery procedure and medical negligence or malpractice existed. 

      In order to receive compensation or money back from a plastic surgeon you must contact an experienced medical malpractice attorney. Your attorney will guide you through the process of suing a plastic surgeon and help you receive any compensation due to your pain and suffering. Act immediately because there are statutes of limitations that apply to medical malpractice cases.

      How Long After Surgery Can You Sue for Malpractice?

      The statutes of limitations for medical malpractice in New York is 2 years and 6 months from the date of malpractice or from the end of continuous treatment by the party being sued for alleged negligence. If a mistake is not discovered until after that window, such as a surgical tool being left in the body, then you have 1 year to file a claim after discovering the mistake. This is known as the “Discovery Rule”. 

      You may also be wondering: how long does a lawsuit take? Unfortunately there is no specific time limit. Each case is different and sometimes a claim will be settled fairly quickly or it will be taken to trial which may take longer. Briefly listed below are steps that you will need to take if you feel you may be on the road to suing your plastic surgeon or medical professional. 

      Seek medical treatment for your injury.
      Decide to hire an attorney. 
      Review the process of selecting a personal injury lawyer in New York
      Investigation and review claim.
      Your lawyer will make a demand and negotiate on your behalf.
      Lawsuit is filed. 
      Discovery process and mediation takes place with both parties. 
      Trial (if necessary). 
      Post trial and appeals. 

      This is a basic step by step process but every case is different and some may settle quicker than others. Typically injury trials in New York last approximately between 3 to 10 days. Your attorney will always inform you of the progress of the case and will prepare you for trial if necessary.

      What Can Go Wrong with a Facelift?

      Facelift malpractice occurs when long-term or permanent issues cause significant changes and damage in the appearance. The most common complication with a facelift is Hematoma. Hematoma is a collection of blood under the skin that causes swelling and pressure. A facelift procedure is practically resurfacing or “lifting” the skin on your face and repositioning it over your face. This is a very painful procedure and can take several months to heal.

      What Percent of Plastic Surgeries Go Wrong?

      According to a 2018 study on healthline.com, 1% out of 25,000 plastic surgery cases went wrong. Plastic surgery has a success rate of about 95% and has since been going up.

      How Can I Get My Money Back From a Plastic Surgeon?

      The best way to receive compensation from a plastic surgeon or plastic surgery procedure is to contact an experienced malpractice attorney. Your attorney will determine the negligence involved in your case. Some attorneys work on a win no fee basis. This is a type of agreement between you and your attorney in which they do not win your case or you do not get a satisfactory result, then you do not pay the attorney. Some medical negligence solicitors offer this type of arrangement.

      Talk to a Lawyer and Get the Compensation You Deserve 

      The attorneys at Moshes Law are available now and ready to help you in your plastic surgery malpractice case in New York. No one deserves to be in pain and suffering due to a surgical error or negligence during a medical procedure.

      moshes law

      Moshes Law attorneys are experienced and determined to help walk you through your malpractice case and ensure you receive the compensation you deserve. Contact the law office and speak with a licensed, professional attorney today.

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