Cosmetic surgery has become a hot medical resource in recent years and changed the way medicine is developing in this area. What it has also done is change the medical professional specializing in these areas to exceptionally skilled and trained plastic surgeons, that are board certified. Now other physicians and medical professionals are joining in the cosmetic enhancement area of medicine without all of the professionalism the cosmetic surgeon has been educated. These other medical professionals delve into treatments such as liposuction in their offices, which they aren’t trained to do, whether it is the family doctor, dermatologist or internist. In the news we saw crazy stories about the Brazilian Butt lift case, where underground loons are injecting the butts of people with silicon! There are even crazier stories than this though!
In some instances even a dentist or oral surgeon may become involved in cosmetic enhancement in treating patients. What the results of a facelift, nose enhancement, Botox injections, breast enhancements, or other procedure by an untrained medical professional can be disastrous. Infection from any of these procedures is a large risk, especially for the non-cosmetic surgeon. Even if the medical professional is a general surgeon deciding to undertake cosmetic enhancements it isn’t safe for the patient because they do not have the proper skills.
Patients may not be aware of this expansion of medical professionals entering a medical area they are not fully trained to provide these types of treatment and the patient may be the one to suffer. Individuals who have researched these types of procedures or have undergone cosmetic surgery in the past generally know it is essential to have a board certified plastic or cosmetic surgeon or physician for the procedure they are seeking.
Patients who are unknowing about the importance of a board certified medical professional are at a higher risk of complications. The only time a patient may have an advantage of undergoing a surgical procedure in this area of medicine by a physician, pediatrician, internist, dentist or oral surgeon is in the event of an emergency where it is imperative to operate on a patient and a board certified plastic surgeon is not immediately available. In certain situations requiring immediate treatment it may be a location that is a clinic type setting where a board certified physician is on duty, however the doctor may be a pediatrician or other kind of practice field who will provide the necessary surgery or immediate care.
When this situation presents itself the patient should understand they may seek a review of their results and care by a plastic surgeon that is board certified. Imaging prior and after the provided care, medical charts and operative records and other documentation will be reviewed to provide an analysis. The plastic or reconstructive surgeon that is board certified reviewing the case will be a member of the American Board of Plastic Surgery.
If you discover that your surgeon is not a real doctor, the rules of medical malpractice law do not apply, and fraud, battery, as well as negligence comes into play often in these cases. If you’re injured and your physician is a legitimate doctor, then you are stuck with the California legislative scheme on medical malpractice and MICRA. Many attorneys won’t touch cases like this, since the damages for pain and suffering, a major component of a malpractice case, are limited to a pittance.
Because of this, it has become increasingly more and more difficult to find lawyers who are well trained in these types of cases, as the red tape, inability to get financial justice for legitimate suffering, and the enormous amounts of money in expert witness fees an attorney must fork out in advance have all increased exponentially. Part of the mission of Personal Injury Warriors is to lobby state, local and federal governments to repeal laws that hurt victims, and to pass reasonable laws that protect them.
If you are the victim of a plastic surgery accident, please feel free to send us an email, along with details about the state the accident occurred, and we will see if we can put you in touch with a legal journalist, practitioner or lobbyist in your state. Conversely, if you are an attorney and you wish to impart your skill or knowledge into something for positive, legislative change with respect to med-mal laws, we would like to invite you to apply for membership at Personal Injury Warriors.