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Botched Plastic Surgery | Article | McKay Law

Do You Have Botched Plastic Surgery? I know the difference! You May Have a Claim for Damages

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You decided to have plastic surgery to improve something about your appearance. After careful research and choosing the best surgeon you could find, you made an informed decision to go forward with your surgery. You did not anticipate that you would end up looking worse, but that is what happened. You might be experiencing complications from your surgery or worried about how you will look. Do you have any legal recourse? You can find out by scheduling a consultation with the knowledgeable Texas medical malpractice lawyers at McKay Law

Cosmetic Surgery Basics

Cosmetic surgery reconstructs the skin or flesh. It can be anything from having severe burns or a deep dog bit repaired to look more aesthetic to having a breast reduction or implants. Since it is usually an elective surgery, in most cases, health insurance does not cover plastic surgery. However, even though it is elective, doctors and other healthcare professionals involved in the surgery are still held to the same standards as those doing any other type of surgery. Patients with botched plastic surgery can hire experienced Texas medical malpractice attorneys for legal guidance.

Types of Malpractice in Cosmetic Surgery

Malpractice is the result of medical negligence. It can occur in many ways with cosmetic surgery. A surgical error, a post-surgery infection, or even the negligent use of cosmetic drugs can all constitute negligence. A patient can also suffer anesthesia complications.

Cosmetic surgery is a lucrative profession for many doctors. They can be paid immediately and do not usually have to file insurance claims. Unfortunately, for some patients, there are plastic surgeons who lack the experience or certification to perform acceptable cosmetic surgeries. 

The Challenges of Cosmetic Surgery Lawsuits

If you decide to pursue a medical malpractice claim for botched plastic surgery, you need Texas medical malpractice lawyers on your side that are well-versed in these types of claims. They are often difficult to prove. The basis for the challenges is that usually, these surgeries are elective and unnecessary surgery.

Juries often have the mindset that if you pursued the surgery to better your image, you don’t have the standing to blame the surgeon if it was botched. Due to this, cosmetic surgeons are sometimes given the benefit of the doubt. In cases where the opposite is true, plaintiffs generally do not get the award they would receive if they were seeking compensation arising from another type of botched surgery or medical circumstance. 

Many jurors become biased because they believe that the plaintiff is vain, overweight, lazy, or wealthy. If a juror doesn’t have that type of money and would not spend it on cosmetic surgery even if they did, they may become biased. Other jurors may have had successful cosmetic surgery and tend to blame the plaintiff for not picking a better surgeon.

Did Your Plastic Surgery Not Go as Planned? Texas Medical Malpractice Lawyers Can Help

If you experienced a botched cosmetic surgery, you need the representation of seasoned Texas medical malpractice attorneys at McKay Law. Our attorneys know how difficult these types of cases can be and are ready to aggressively advocate for your legal rights. 

Schedule your consultation today by calling (903) 999-2653 or contact us online at

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Lindsey McKay | Personal Injury Lawyer | Personal Injury Attorney | McKay Law | Legally Bold
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