Plastic Surgery Malpractice Lawyer in Massachusetts

Plastic Surgery Malpractice in Massachusetts

Plastic and reconstructive surgeons are held to the same malpractice standard as any other surgical specialty: the standard of care applicable to a reasonably competent plastic surgeon. The elective nature of cosmetic procedures does not lower this standard. A patient who undergoes elective surgery consents to the inherent risks of a properly performed procedure, not to negligent technique, inadequate anesthesia monitoring, or failure to obtain valid informed consent for the specific risks involved. Attorney Jeffrey C. Lavey represents plastic surgery malpractice victims throughout Massachusetts.

Common Plastic Surgery Errors

• Anesthesia errors during procedures performed under general anesthesia or IV sedation
• Nerve injury during facial procedures causing permanent weakness or numbness
• Infection from inadequate sterile technique or improperly managed post-operative wound care
• Implant placement errors in breast augmentation, including incorrect size, position, or type
• Inadequate informed consent for known risks including asymmetry, scarring, and revision surgery
• Failure to recognize and respond to post-operative complications including hematoma and seroma
• Performing procedures outside the surgeon's actual training and competence

Anesthesia and Sedation Risks in Cosmetic Settings

Cosmetic procedures performed in office-based surgical facilities rather than accredited hospitals create specific safety risks because the monitoring standards and response capabilities may be less robust than in a hospital setting. When intravenous sedation or general anesthesia is administered in an office setting without adequate monitoring equipment, trained anesthesia personnel, or emergency response capability, the resulting patient safety failures can cause serious harm. Massachusetts regulates office-based surgery, and violations of these regulations are relevant to malpractice analysis. Attorney Lavey evaluates the surgical facility and anesthesia standards in every plastic surgery malpractice case.

The Informed Consent Obligation

Plastic surgeons have an elevated informed consent obligation because cosmetic procedures are elective and the patient is weighing potential aesthetic improvement against surgical risks. Known risks that must be disclosed before consent is valid include asymmetry, scarring and its variable nature, the possibility of revision surgery, nerve injury, infection, hematoma, implant complications, and the limitations of what can be achieved. A patient who is not informed of material risks that a reasonable patient would have considered important in deciding whether to proceed with an elective cosmetic procedure may have an informed consent claim. Attorney Lavey evaluates informed consent in every plastic surgery case.

Compensation for Plastic Surgery Malpractice Victims

Compensation in plastic surgery malpractice cases covers all corrective treatment costs including revision surgery, all medical treatment for complications caused by the negligence, all lost wages during treatment and recovery, pain and suffering from the harm caused, and in cases of permanent disfigurement or functional impairment, compensation for lasting consequences. The fact that the original procedure was elective does not reduce the damages available when the harm was caused by negligent performance. Attorney Lavey pursues every element of compensation in every plastic surgery malpractice case.

Frequently Asked Questions