In Texas, where everything typically runs larger than life, cosmetic surgery has become increasingly common. From facelifts to tummy tucks and Brazilian Butt Lifts, people are no longer shy about going under the knife for different reasons. But what happens when a cosmetic procedure takes a wrong turn as a result of medical negligence or malpractice?
If you or a loved one has suffered an injury due to a cosmetic surgery gone wrong, you may be entitled to pursue a personal injury claim and earn compensation. However, to get your claim right, here is what you need to know about your rights, the legal framework in Texas, and how personal injury law intersects with elective medical procedures.
Elective Does Not Mean Exempt from Medical Liability
“A vital place to start regarding cosmetic surgeries and personal injury claims is that just because a surgery is elective does not mean a patient waives all legal rights,” says Dr. Olivier Deigni of Deigni Plastic Surgery. Texas law does not distinguish between elective and medically necessary procedures when it comes to the standard of care that a medical professional owes to a patient.
In fact, under Texas Civil Practice and Remedies Code Chapter 74, which governs medical liability, any physician, including a plastic or cosmetic surgeon, is held to the same standard as any other healthcare provider in the medical profession. If a provider fails to exercise reasonable care, skill, or diligence, and that failure results in injury, the patient may pursue legal remedies for adequate compensation.
The Upside? It Gives Individuals Confidence and Control
For many individuals, cosmetic surgery is not about vanity; it is a means to an empowered end. Whether it is reconstructive surgery after an accident or a long-desired enhancement, these procedures can help restore self-esteem and allow individuals to take control of their appearance.
Undoubtedly, modern techniques for cosmetic surgeries are safer and more effective than ever. Skilled plastic surgeons, especially those who are board-certified, have and continue to do remarkable work. With the right provider, patients can often return to normal life in just a few days, looking and feeling better than ever.
The Downside? It Can Lead to Complications, Scams, and Legal Traps
Now, for the part nobody wants to talk about when dealing with this: when cosmetic surgery goes wrong, it can leave more than just physical scars. Some patients have suffered infections, nerve damage, botched procedures, and even disfigurement. Others ended up needing revision surgeries that cost twice as much and delivered half the results. How about the psychological trauma and a sense of betrayal that no amount of makeup would cover?
Do not be swayed by flashy social media promotions or discount deals. Some clinics operate without proper licensing, and a few so-called “cosmetic surgeons” are not even trained in plastic surgery. In Texas, that can be a dangerous loophole. A doctor can legally perform cosmetic procedures without being board-certified in plastic surgery, as long as they have a medical license. That means your “doctor” might be a dermatologist, or worse, a general practitioner with a YouTube certification.
When Is a Cosmetic Surgery Injury a Personal Injury?
A cosmetic procedure becomes a personal injury claim when negligence from any of the healthcare providers is established. This negligence or malpractice can take several forms, including but not limited to:
- Botched procedures resulting in disfigurement, scarring, or nerve damage to the patient
- Lack of informed consent, where the risks were not clearly explained or mentioned at all before commencing the procedure
- Anesthesia errors can lead to brain damage that can alter the patient’s life forever.
- Unlicensed or improperly trained practitioners posing to be certified practitioners and performing surgery
- Post-op negligence, such as infections due to improper wound care or due diligence with after-surgery procedures.
Conclusion
Not every unfavorable outcome is grounds for a lawsuit, especially in the context of medical procedures. However, if you believe your surgeon acted negligently or you were misled about the risks, it is worth calling a personal injury attorney who knows their way around Texas medical malpractice law.
Also Read: Top-Rated Personal Injury Law Firm in Las Vegas: Get the Compensation You Deserve
