Rhinoplasty, commonly known as a “nose job,” is a popular cosmetic surgery that aims to improve the appearance and functionality of the nose. While most rhinoplasty surgeries are successful, there are instances where complications and medical negligence may occur. Thus, bad nose jobs lead to the possibility of a medical malpractice lawsuit.
In our previous articles, we covered some basics about malpractice lawsuits and plastic surgery cases. Therefore, in this article we will answer 18 frequently asked questions about medical malpractice lawsuits after rhinoplasty.
1. What is medical malpractice in the context of rhinoplasty?
Medical malpractice in rhinoplasty means situations where a surgeon’s actions or omissions during the procedure deviate from the accepted standard of care. Thus, resulting in harm or injury to the patient.
2. What are common reasons for suing a doctor after a bad nose job?
Common reasons for suing a doctor for negligence after rhinoplasty include breathing difficulties and cosmetic dissatisfaction. Moreover, infection, nerve damage, and perforated septum are other common reasons for suing due to a bad nose job. However, it is important to keep in mind that every patient is unique. Therefore, the fact that you’ve never heard of a similar situation, doesn’t mean that you do not have a case.
3. How to prove malpractice? What documents are essential after a bad nose job?
Essential evidence may include medical records, pre-operative assessments, post-operative notes, and photographs. Moreover, expert opinions your file kept in the hospital, and documentation of the surgeon’s actions during the procedure are essential.
4. Can dissatisfaction with cosmetic results alone be grounds for a malpractice lawsuit after a bad nose job?
Dissatisfaction with cosmetic results alone may not be sufficient grounds for a malpractice lawsuit. However, if the dissatisfaction is due to the surgeon’s negligence, it may be considered as part of a broader claim. Because, by its nature, there is a guaranteed outcome for rhinoplasty surgeries. For details about the legal background of this guaranteed outcome, you can read our article.
5. When to sue for malpractice? What is the statute of limitations for filing a malpractice lawsuit after a bad nose job?
The statute of limitations for medical malpractice lawsuits varies by jurisdiction and specific circumstances. To clarify, it can range from 1-2 years from the date of discovering the doctor’s error. On the other hand, it may be 5, 10 or 20 years from the incident, depending on its nature. It is crucial to consult experienced malpractice lawyers to accurately assess and define the case.
6. Can I sue a doctor for bad nose job?
An unsuccessful rhinoplasty does not automatically constitute medical malpractice. To clarify, in order to pursue a lawsuit, you must demonstrate that the doctor’s negligence caused the unsuccessful outcome. However, apart from other medical procedures, for plastic surgery lawsuits, doctor is responsible for entire damage, unless proven faultless. Because a rhinoplasty surgery is legally defined as a contract of work. This means the doctor guarantees you to obtain a certain result. Therefore, the doctor has responsibility for the result in line with the will of the patient.
7. Can I sue for emotional distress after a botched rhinoplasty?
Yes, emotional distress caused by a botched rhinoplasty can be a valid claim. Furthermore, the distress must result from the surgeon’s negligence. However, please keep in mind that all documents and case history must be reviewed by expert malpractice attorneys.
8. What is the first step in filing a medical malpractice lawsuit after a bad nose job?
The first step is to start collecting your medical records and consulting with an experienced medical malpractice attorney who can evaluate your case and advise you on it.
9. What compensation can I seek in a medical malpractice lawsuit after a bad nose job?
Compensation may include medical expenses, lost wages, pain and suffering, emotional distress, and the costs of corrective surgeries, among others. To clarify, it depends on your specific circumstances since every patient’s case is unique.
10. Can I sue for breathing problems after surgery? What if my rhinoplasty resulted in shortness of breath?
Yes, you can sue if the breathing difficulties are a result of the surgeon’s negligence or failure. However, shortness of breath is a common side effect after the surgery. Therefore, expert malpractice lawyers must review the case to see if it addresses underlying functional issues.
11. Can I still sue if I signed a consent form before the surgery?
Your attorney must first see your file from the hospital including the documents that you signed. However, in most cases, signing a consent form does not waive your right to sue for medical malpractice. Of course, that is if the surgeon’s actions were negligent or fell below the expected standard of care.
12. Can I sue the hospital for negligence?
Yes, in most cases you may include the hospital in your lawsuit. Provided that, their negligence contributed to the harm you experienced.
13. What are the potential risks of filing a medical malpractice lawsuit after rhinoplasty?
Rushing through a lawsuit may lead to not being able to collect all the documents. Especially, the documents that are being kept by the hospital. Therefore, it is important to think about timing before declaring a legal battle. Aside from that, the potential risks include legal expenses, emotional stress, and the uncertainty of the outcome.
14. Can I sue for malpractice if I had a revision rhinoplasty that also went wrong?
Yes, you may pursue a medical malpractice lawsuit for both surgeries. However, there must be evidence of negligence in both procedures, to sue for original rhinoplasty and the subsequent revision.
15. How long does a medical malpractice lawsuit take?
The duration of a medical malpractice lawsuit varies depending on the complexity of the case. Moreover, court procedures and the willingness to settle out of court also affect the duration. For instance, it can take several months to several years. Again, every patient’s case is unique. Therefore it’s not possible to give an exact timing that is applicable to all cases.
16. Can a family member file a wrongful death lawsuit if the patient died due to complications from rhinoplasty?
Yes, family members may be eligible to file a wrongful death lawsuit for medical malpractice. Of course, that is if the patient’s death was a result of the surgeon’s negligence. However, the legal background is completely different from a regular malpractice lawsuit after a rhinoplasty. To clarify, one is based on a “contract of work” whereas the other is a “representation agreement”. In other words, legal technicalities, statute of limitations and even the authorized court may change depending on the situation.
17. What are the chances of winning a medical malpractice lawsuit after rhinoplasty? How hard it is to win a malpractice lawsuit?
The success of a medical malpractice lawsuit depends on the strength of the evidence. In addition, the ability of your attorney to present a compelling case is also important. Unfortunately, this is a relatively newly developing area in Turkey. In other words, most of the judges are not familiar with medical terms and conditions. Therefore, attorney’s talent is tested while simplifying the issue enough for the judges to fully comprehend a complicated medical issue.
18. Can I negotiate a settlement before going to court for a medical malpractice lawsuit after rhinoplasty?
Yes, you can go to negotiate a settlement with the defendant before proceeding to trial. Settlements can save time and expenses and lead to a faster resolution. In fact, in most of the plastic surgery cases, it is mandatory to try mediation before filing a lawsuit.
In conclusion, since every malpractice case is unique, please feel free to contact us for specific solutions for your case.
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