Liposuction and Medical Malpractice Claims

Liposuction is a fairly common medical procedure. It’s used in cosmetic surgery and for reshaping during reconstructive surgery.

However, the procedure can go wrong and liposuction medical malpractice claims are common.

Cases involving liposuction

In 2004, a Pretoria general practitioner was found guilty of culpable homicide when a patient died the day after he performed liposuction. Her death was found to be a result of shock. It could have been prevented if the doctor had monitored the patient instead of sending her home.

In 2014, a New York plastic surgeon reached a settlement of US$2.3 million with the family of a woman who died two days after her liposuction procedure. She died when a blood clot that travelled to her lungs caused a pulmonary embolism.

How dangerous is liposuction?

Despite its frequency, liposuction is not a routine procedure. It should be performed by a highly experienced specialist.

Unfortunately, deaths from liposuction procedures are higher than the average for other surgical procedures. According to a 2017 report on fatal complications related to liposuction, the mortality rate for liposuction is one in every 5,000.

Risks of liposuction

The risks of liposuction range from injury from an improper technique to secondary complications such as blood clots. Complications linked to liposuction procedures include:

• blood clots
• fat embolisms
• skin infections
• numbness (temporary or permanent)
• fluid accumulation
• puncturing of internal organs
• lidocaine toxicity
• uneven fat removal
• lumpy skin and irregular healing.

Liposuction and medical malpractice

To pursue a medical malpractice claim, an injured party must prove that he or she didn’t receive the appropriate level of care from the medical practitioner or medical facility. It needs to be shown that an injury was a result of negligence during or after a procedure.

Claims can be made for medical expenses that arise from the liposuction injury, loss of income due to extended time off work or disability and general damages.

The amount claimed will depend on the severity of the injury or complication.

Who is liable in liposuction malpractice cases?

Usually, the cosmetic surgeon or whoever performed the procedure is liable. However, this isn’t always the case.

People who could be liable in a liposuction malpractice case include:

• the attending nurses
• the nurses responsible for care before and after the procedure
• the anaesthetist
• any medical practitioner who prescribed the wrong medications
• the hospital or medical facility where the procedure took place.

How to pursue a liposuction malpractice case

Your first step is to consult a medical malpractice attorney to see if your case has merit.

Also, aim to gather documentation and evidence to support your claim. This includes your medical records and, if relevant, statements from witnesses.

Your attorney can help you with this. It’s not advised that you pursue a medical malpractice claim without legal representation. The chances of getting the compensation you deserve are slim without competent legal assistance.