Cosmetic surgery, consisting of both plastic and reconstructive surgery, is one of the most requested options by patients who wish to change their physical appearance, due to an accident or simply due to a personal decision. However, in many cases, the cure can be worse than the disease itself: many victims of medical negligence in cosmetic surgery have found their intentions frustrated as a result of malpractice.
On the other hand, laser hair removal and cosmetic procedures, carried out in medical centers, can also cause problems to patients, either by a wrong diagnosis, an unknown physiologic incompatibility, or a misuse of the equipment. These patients have suffered terrible results which have had a negative impact on their physical and mental health.
Medical negligence precedents in cosmetic surgery
The Law is based on the imputation criteria which results from article no. 1902 of the Civil Code. It determines whether a behavior, by action or reckless omission, is subject to cause damage. There are several sentences condemning surgeons and healthcare professionals for practicing negligent methods which caused dreadful after-effects on patients. Cosmetic surgery was halfway in between Medicine and the cosmetic treatments carried out in non professional clinics, and it was not until the promulgation of the Royal Decree 139/2003 of February 7th, when Cosmetic Surgery was included in the Reconstructive & Plastic Surgery Specialty. By doing so, all those malpractices resulting from them could be considered of medical nature.
Well known is the PIP breast implants case, in which the French Justice considered that no quality inspections of the product were conducted. A total amount of € 25M was claimed by the victims through compensation for moral damages. Even though the biggest risk of these prostheses is the high rupture rate, a preventive removal was recommended in Spain, becoming a clear damage.
In addition to this, cosmetic procedures carried out in medical centers, conducted in a harmful or incorrect way for the victim, can also be claimed. In 2005 the Supreme Court rejected a cassation appeal presented by the defence of the doctor who proceeded with an unsatisfactory laser hair removal of the plaintiff. She had to be compensated with more than € 70,000.
Have you been a victim of a medical negligence? Contact us!
Martínez Echevarria Lawyers offers you a free and non- binding consultation, in which our litigation team will study your case in a personalized manner. Our specialists in Health Law have broad experience in assisting medical negligences and have high success rate in our patients´ case resolutions.
If you think you have suffered from a negligent practice of the health professional who treated you, contact us on the free number 900 100 039 or send us your enquiry through our form.