Who holds liability for negative health outcomes due to a cosmetic procedure? Many different parties may have contributed to the mistake, including the medical provider, support personnel, the facility where the procedure was conducted, and even the company that manufactured the items used.
If you’ve suffered injuries due to errors from a cosmetic procedure, Warnett Hallen LLP is here to help. Our experienced Vancouver lawyers can pursue the full and fair compensation you deserve by thoroughly investigating the incident, identifying where the error occurred, and pursuing claims against everyone responsible for what happened.
Our Cosmetic Procedure Injury Lawyers Can Help You Prove Liability
To recover the compensation you deserve, you must first prove who is liable — that is, legally responsible — for the error that led to your injury. Fortunately, you do not have to do this alone.
Why should you turn to the British Columbia cosmetic procedure injury lawyers with Warnett Hallen LLP? Because we offer quality, reputable legal help for cosmetic procedure injuries and have a track record to prove it. With us on your side, we can:
- Thoroughly investigate the circumstances of your injury
- Work with medical experts to understand the relevant standard of care and how it was deviated from
- Determine the nature and extent of the injuries you suffered and their consequences on your life
This process aims to determine everyone who contributed to the mistake that injured you and hold them accountable for their share in it.
Who Is Liable for a Cosmetic Procedure Error?
While the healthcare provider is the person who was most directly responsible for the cosmetic procedure you underwent, they may not be the only person liable for the consequences. Depending on the circumstances, liability might rest solely or partially with any of the following parties:
- The surgeon – A surgeon may be liable if their negligence or lack of skill directly causes harm to the patient. Examples of negligence include committing procedure errors and failing to obtain informed consent. Liability may also arise if the doctors does not adequately address complications or provide adequate post-operative care.
- Anesthesiologist or nurse anesthetist – These professionals may be held liable for administering the wrong dosage of anesthesia, failing to monitor the patient’s vital signs properly, or neglecting to consider pre-existing health conditions.
- Medical staff and assistants – Nurses, surgical technicians, and other medical support staff might also be to blame for their own mistakes. These might include improperly sterilizing equipment, failing to monitor the patient during recovery, or providing incorrect post-operative instructions.
- Clinic or facility – The healthcare clinic or facility can be held responsible if unsafe conditions, inadequate staff training, or poor equipment maintenance contribute to the injury. Additionally, the facility may be liable if it failed to properly vet the qualifications of its medical staff.
- Product manufacturers – Manufacturers of tools, fillers, or other medical devices may be liable if their products cause harm because they are inherently unsafe. For instance, if a tool malfunctions during a cosmetic procedure, the injured patient could pursue a product liability claim against the manufacturer.
Determining Liability in Cosmetic Procedure Injury Cases
A lawyer can determine which parties are liable for your injury by investigating the incident in question and consulting medical professionals in the same field about where the error occurred and how. This will require evidence such as:
- Records of pre-operation appointments
- Results of any relevant diagnostic tests
- Information on the anesthesia used during the procedure
- Eyewitness testimony about the procedure
- Medical equipment used in the procedure
- Employment records
Types of Liability in a Cosmetic Procedure Injury Claim
Liability in a cosmetic procedure error can arise in many different ways, including the following:
- Medical malpractice – Medical malpractice is a term for an injury caused by a healthcare provider’s deviation from the standard of care. In cosmetic procedures, this might include errors during the procedure and improper post-operative care. To prove malpractice, the patient must show that another competent professional in the same situation would have acted differently than the provider did, which resulted in the patient’s injury.
- Product liability – Product liability applies when a defective medical device or surgical tool causes injury, such as an implement breaking under normal use. Liability in these cases may rest with the manufacturer, distributor, or supplier of the defective product.
- Vicarious liability – Vicarious liability is a legal theory that holds employers accountable for the actions of their employees. For instance, a clinic or hospital may be liable for a mistake made by a healthcare worker in its employ. This type of liability often depends on the negligent healthcare provider’s employment status.
- Breach of contract – Breach of contract occurs when a party fails to meet the obligations outlined in a legally binding agreement. In a cosmetic procedure, this might involve a provider promising specific results, such as achieving a certain appearance, and failing to deliver.
Many cosmetic procedure injuries result from several types of liability. Identifying all forms of liability is critical to building the strongest claim possible, and an experienced cosmetic surgery lawyer in can assess your claim to determine who is at fault.
Common Cosmetic Procedure Errors
- Inadequate pre-operative assessments – Failing to evaluate a patient’s medical history or health conditions can result in unforeseen complications, including adverse reactions to anesthesia or heightened risk of infection.
- Improper administration of anesthesia – Errors in dosing or monitoring anesthesia can lead to severe outcomes, such as brain damage, respiratory distress, or even death.
- Mishandling of surgical tools – Misuse of surgical tools can damage soft tissues, nerves, or blood vessels, leading to complications such as scarring, numbness, or excessive bleeding.
- Poor cosmetic technique – Inexperienced or negligent practitioners may perform procedures incorrectly, leading to asymmetry, overcorrection, undercorrection, or other undesired results.
- Failing to maintain sterile conditions – Inadequate sterilization of instruments or rooms increases the risk of infection.
What to Do if You’ve Been Injured During a Cosmetic Procedure
If you’ve suffered personal injury from cosmetic procedures, the first thing you should do is get medical care and a second opinion from a different provider. Next, gather evidence of what happened, including any medical records of the procedure and any communications you had with the provider. Finally, contact an experienced medical malpractice lawyer British Columbia for a free consultation and bring your evidence with you to the appointment.
Contact Our Cosmetic Procedure Injury Lawyers Today
Have you been the victim of an error during a cosmetic procedure? If so, get the help you need to demand justice and compensation. Contact Warnett Hallen LLP today for a free consultation with a Vancouver cosmetic procedure injury lawyer, and let’s discuss your next steps in detail.
