Elective surgery is defined as any kind of surgery that is not medically mandatory, or even advised, but is performed anyways, usually for cosmetic purposes. Any sort of plastic surgery or other kinds of enhancement fall under this category and they are separated from other kinds of surgery not only in the medical sense, but in the legal one as well. Due to the nature of elective surgery, there are different rules to be followed should they go wrong and, unfortunately, they sometimes do.
While elective surgery may seem harmless on the surface, there are some instances where harm can be done to the individual. Botox, for example, is toxic if placed in the wrong place in the body. Understanding the risks of surgery is part of the process of undergoing it and they are no doubt explained by your doctor leading up to the surgery.
Sometimes however, things do not go as planned and elective surgery can leave you in danger or injured. If this happens, are there legal actions you can take? For the most part, yes, if you are injured as the result of an elective surgery there are grounds for a medical malpractice lawsuit. That being said, it must be proven that it was negligence or carelessness on the part of the surgeon that led to the injury. The surgery cosmetically not turning out the way you wanted it to is not enough grounds for a lawsuit.
If you are looking to pursue a medical practice case following elective surgery, it is always a good idea to consult with an attorney first to discern what your options are and the best approach to the case. We at the Franco Law Firm offer free consultations, so please call us any time at (813) 872-0929 and we can schedule one today.