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Michael P. Burakoff, P.A Michael P. Burakoff, P.A
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I Don’t Like My Cosmetic Surgery. Can I Sue for Medical Malpractice


Many people are unhappy with their body, and the statistics back this up. In 2018, more than 1.8 million cosmetic surgical procedures were performed in the United States. The most common procedures were breast augmentation and liposuction.

However, many people are not happy with the outcome of their cosmetic surgery. They may not think their breasts look real enough. Maybe their nose still looks crooked. What are a person’s options in this situation? Can they sue for medical malpractice?

Most likely, no. Medical malpractice hinges on the doctor’s negligence. If the doctor caused you harm because you didn’t get enough anesthesia during the procedure, then that could possibly be considered malpractice. If the doctor punctured an organ during liposuction, then that would also be negligent behavior. So would an infection or surgical error. But if you don’t like the results of your cosmetic surgery – an elective, unnecessary procedure – then you’re out of luck when it comes to obtaining compensation for your displeasure.

Cosmetic Surgery vs. Medically Necessary Surgery

When a person needs surgery to fix an issue, it is deemed medically necessary. Without this surgery, the patient could suffer a worsened condition or even die. Cosmetic surgery, on the other hand, is simply a procedure that a person wants. They can live without it. One exception is reconstructive surgery, which is used to repair a disfigurement caused by an injury or illness. If a person is unhappy with a reconstructive surgery, they have a better chance of winning a malpractice lawsuit.

This is important to understand because a jury will often give the cosmetic surgeon the benefit of the doubt. After all, the patient did not need the surgery, so why are they trying to blame the surgeon for what happened?

Juries often have little sympathy for cosmetic surgery patients. Some even think of them as vain, caring only about their appearance. They may be considered too lazy, especially if they had liposuction done. Some people may be jealous of them because they appear to be rich, as they have a lot of extra money for these procedures, which can sometimes cost tens of thousands of dollars. Because of these biases, the patients are often considered partially at fault for the outcome of their procedure. When judges do award them damages, the amount is often small. Given that it’s hard enough to win a medical malpractice suit when there is sufficient, winning one involving cosmetic surgery is almost impossible.

Contact a New Jersey Personal Injury Lawyer Today

Medical malpractice cases are hard to win. While you may not be happy with the outcome of your cosmetic surgery, that was a risk you took when you underwent this elective procedure. You likely won’t be able to sue your doctor unless he or she caused you harm or disfigurement.

Injured by medical malpractice? The Morristown medical malpractice attorneys at the Law Offices of Michael P. Burakoff can assess your case. These cases are complex, but we can help you obtain compensation for your damages. Schedule a consultation today. Fill out the online form or call (973) 455-1567.


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