Have you undergone a Cosmetic Surgery and become a victim of Medical Malpractice?

January 29, 2015

Plastic surgery, so common nowadays, could cause you serious health issues, as well as injuries or disfigurement if it is not practiced correctly by the surgeon.

Cosmetic surgery is considered aesthetic medicine, which, as opposed to curative medicine, does not aim to cure the patient, but to obtain certain results connected to the patient´s physical appearance. Whereas curative medicine does not oblige the doctor to obtain a certain result or cure the patient, in aesthetic medicine, the Doctor is contractually bound to achieve the result desired by the client.

If you suffered from personal injuries during cosmetic surgery after signing a contract by which the Doctor has committed himself to obtaining a specific result, for example, a liposuction or breast augmentation, you may be entitled to compensation.

Although medical malpractice regarding curative medicine is subject to a statute of limitations of one year from the moment in which the injuries were caused, in aesthetic medicine, since we are looking at end results, the applicable statute of limitations is of fifteen years as set forth by the Spanish Supreme Court.

medical negligence

In medical malpractice scenarios, one of the most important documents is the so-called “informed consent”. Informed consent is a document by which the Doctor provides the client with all the relevant details of the intervention and the patient acknowledges receipt of the information provided, giving his valid consent after understanding the facts, implications and consequences of the intervention.

On occasions, an informed consent document has not been signed by the patient or it does not contain sufficient information regarding the adverse effects that the surgery may cause, preventing the patient from making a conscious and informed decision. That is why prior to commencing a legal action against the Doctor or the clinic, it is necessary to request a copy of your medical history, on the basis of which your Lawyer will draft your claim.

However, if your medical history is not provided to you, it may obtain it via a Court procedure, obligating the Doctor or the clinic to provide the Court with all your medical documentation, as well as the informed consent document duly signed.



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