Why Cosmetic Malpractice Cases Rarely Win

If you have received cosmetic surgery and you’re unhappy with the results, it can be a terrible thing to have to deal with.  You may even feel that you have a cosmetic malpractice case against the doctor who performed the surgery.  If so, it is most definitely worth it to have a consultation with a malpractice attorney; however, cosmetic malpractice cases rarely win. There are several reasons why this is true and we will explore them below.

Risks Regarding Surgery

With every type of surgery – including cosmetic surgery, there are risks involved.  From severe swelling and bruising to the inability for the wound to heal correctly, there are always going to be risks.  Individuals who go through surgery are typically aware of the types of risks involved and therefore, juries are not usually sympathetic.  However, this is not always the case.  Depending upon what happened to you, you may still have a cosmetic malpractice case.

What the jury and the judge will typically look at is whether the doctor was in some way negligent or if the injuries that were sustained happened due to the normal risks that are involved in these types of surgeries and procedures.  Distinguishing horrible but naturally occurring injuries related to surgery from something that could have easily been prevented by the doctor is sometimes difficult.

Why Most Cosmetic Malpractice Cases Never Go to Court

One of the reason malpractice cases of this kind don’t win often is because insurance companies typically settle with the cases they think they will lose.  For this reason, most cosmetic malpractice cases are settled out of court.  If the insurance company isn’t ready to settle your case out of court, you can bet that they are quite sure they will win the case.  A case that is allowed to go to court by the insurance company is not likely to come out in favor of the individual suing.

In some cases, individuals who may have a medical malpractice case who cannot agree on the settlement terms may go into arbitration or mediation with the defendant.  This is another option for settling things and making both parties satisfied.  Whether or not to proceed with this type of arrangement depends entirely upon the case and what kinds of injuries were sustained.

What About Cosmetic Cases to Do Make it to Trial?

Those cases that do go to court are unlikely to have a positive outcome for one simple reason. Juries are notoriously unsympathetic to victims of cosmetic surgery errors, because they feel the victim brought it upon his or herself. However, there are cases where the claim is legitamate, and juries may recognize that. Only a qualified medical malpractice lawyer can tell you if you have a meritorious case or not.

What to Do When You’re Not Sure

Most of the time, having a consultation with a medical malpractice attorney is enough to help you realize whether or not you have a chance at winning your case.  Medical malpractice attorneys are well versed in the laws and in which cases have a chance of winning or not.  Meeting with an attorney can help clear up your questions and if the attorney believes you have a shot, you can decide from there what route you want to take.