Cosmetic surgery failed: compensation and compensation for pain and suffering
Cosmetic surgery failed: restitution and compensation for pain and suffering
Have you undergone cosmetic surgery and are dissatisfied with the result? Do you have pain after the operation and the doctor didn't tell you anything about it beforehand? There may be claims for damages in these cases.
Whatever the reason for undergoing cosmetic surgery, you do it to get a result that you are happy with and that will improve your appearance. If the result does not meet expectations, surprising complications occur or perhaps even permanent damage occurs, then compensation payments and/or claims for compensation for pain and suffering can be made to the doctor who treated you. In this article we want to explain to you in which situations such compensation payments and claims for damages can occur.
What is cosmetic surgery?
Cosmetic surgery refers to medical interventions that have not been declared medically necessary; For example, a breast augmentation or a nose job. Surgery is really necessary for these treatments. If there is a beauty treatment that does not require an operation (e.g. Botox, laser treatment, etc.), then one speaks of aesthetic treatments.
When is the doctor liable for a failed cosmetic surgery?
Just because the patient is not satisfied with the result of the cosmetic surgery does not mean that they are entitled to compensation. The doctor treating you must have made a gross mistake or failed to fulfill his duty to provide information in order for there to be a claim for compensation. This is where a lawyer can help to analyze the case and establish a possible claim.
What counts as medical malpractice in cosmetic surgery?
A treatment error occurs when the doctor uses inappropriate methods for the operation, outdated treatment methods are used, or the treatment does not correspond to specialist medical standards.
Scarring, bruising or swelling are "normal" side effects that are not considered treatment errors, especially if the doctor has informed the patient about these possible side effects in writing. In practice, errors often occur here, which is why a subsequent check in the event of damage is worthwhile.
Dissatisfaction with the end result is also not a reason for claims for damages, as the doctor can never guarantee 100% satisfaction. In any case, it is advisable to consult a lawyer to find out whether you are entitled to compensation in your case.
What does the doctor need to explain to the patient?
The doctor has a duty to inform the patient. The doctor must have demonstrably informed the patient about these points: side effects of the treatment, alternative treatment methods, possible unsatisfactory end result, complications that could occur due to previous treatments and previous illnesses. Because cosmetic surgery is a voluntary procedure, the doctor has to "relentlessly" explain. The doctor must also provide evidence of his/her qualifications as a medical specialist at the patient's request.
Furthermore, a 14-day waiting period must be observed between the informational discussion and the patient's signature in order to ensure that the patient has had enough time to think things through carefully. If this is not adhered to, there is a treatment error.
Can every doctor perform cosmetic surgery?
No! Only specialists with the appropriate training and advanced training may carry out such operations. These doctors are also required to attend regular specialist training courses. ATTENTION: The term cosmetic surgeon is not particularly protected, ie anyone can call themselves such, even if they do not have the appropriate training and qualifications. It is therefore important to obtain detailed information about the doctor treating you and to demand the necessary qualifications.
My plastic surgery went wrong. I think the doctor messed up. What do I do now?
The most important thing is that everything is documented:
- Take photos, make notes of treatment talks, look for possible witnesses (roommates in the hospital - write down the contact info).
- Request your medical record. All examinations and all laboratory results, etc. are noted in this.
- Get a second opinion: go to another doctor and ask if the side effects you are experiencing are "normal" or if they are really from a botched surgery.
- Contact a lawyer who can give you good advice in this case.
How do I pay for a possible trial?
It is easiest if an existing legal protection exists. We handle the billing from the first consultation to the process with them directly.
If you do not have legal protection, we can talk about your options in an initial consultation (€150).
What if the cosmetic surgery took place abroad?
If the cosmetic surgery took place abroad, each case is different. This is where an experienced lawyer needs to look at the situation carefully. Austrian or foreign authorities are responsible, depending on how the treatment happened and how the treatment was advertised, through which the patient became aware of the treatment. Therefore, each case must be looked at individually.
You can read more about it in this article: Cosmetic Surgery Abroad.
Dr Klammer can help you with any concerns related to this topic
Have you or someone you know experienced something similar?
You can use the contact form below to get in touch with us and tell us about your situation. dr Klammer and his team will examine the matter and get in touch with you about how to proceed.
If you would like to speak to us personally, we are happy to offer you an initial consultation at our usual rate (EUR 150.00), in which we will inform you professionally for up to one hour about the possibilities and also lay the foundation for a representation in one process arising out of this matter. If you have legal protection insurance, we can handle the payment for you right from the start with the keyword "cosmetic surgery".
Simply make an appointment for this at 06507283562 / office@anwaltklammer.com
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