Can You Claim A Cosmetic Surgery Intervention?

Cosmetic surgery refers to a series of medical treatments that aim to improve the physical appearance of the patient. Therefore, they are not necessary interventions to improve health status. Rather, aesthetic improvement or beautification of the person is sought.

We are talking about so-called “satisfactory” and not “curative” treatments. That is, what is intended is precise that the patient is satisfied with his physical appearance.

Most common types of cosmetic surgery

The most common treatments are the following:

  • Breast augmentation and reduction.
  • Mastopexy, or breast lift.
  • Tuberous breast, correction of malformations in the breasts.
  • Reconstruction after breast cancer.
  • That is the reduction of excessively large mammary glands.
  • Liposuction
  • It consists of the removal of excess skin and abdominal fat and the correction of muscle flaccidity.
  • Regarding the so-called facial surgery, there are also some very common treatments such as the following:
  • Blepharoplasty, eyelid reconstruction.
  • Rhinoplasty, nose reconstruction.
  • Otoplasty, ear reconstruction.
  • Double chin surgery.

What obligations do doctors have in these cases?

As it is a “satisfactory” intervention, the jurisprudence understands that there is an obligation of results. But it must be borne in mind that if the patient is informed of the possibility of not obtaining it, there is no such obligation.

In these cases, the “information obligation” becomes especially important. Since the patient must undergo this type of “voluntary” treatment, knowing for sure the risks that they run.

What do doctors have to inform patients in cosmetic procedures?

It is essential that the doctor explains to the patient, in good time, what risks are involved in performing the cosmetic surgery intervention. This information must be verbal, days before the intervention.

On the other hand, it will be presumed that the result is guaranteed when the patient is not specifically informed otherwise in writing. That is, there are possibilities that the intervention does not have the desired result.

Only knowing all this information, the patient is free to undergo a treatment that is not necessary, only seeking cosmetic improvement. And that can cause, like all medical treatments, serious complications.

What damages can be claimed?

In cosmetic surgery treatments, the following negligence can be claimed:

  • Aesthetic damage. When the result is not desired, and the aesthetic appearance has not been improved, it may even have worsened.
  • Functional anatomical damage. For example, in the case of rhinoplasty, when the size of the turbinates is excessively increased in such a way that it prevents good breathing.
  • Psychological prejudice. When unsatisfactory results add the patient to a depressive syndrome that requires psychological treatment.
  • Future reconstructive surgical intervention as a consequence of an error in the first intervention, with the cost, that this entails.

Therefore, before undergoing cosmetic surgery treatment, inform yourself about the risks, ask your doctor if the result is guaranteed, and if you are not happy with the result, contact us to see if you can claim it.…