Cosmetic Plastic Surgery Malpractice Lawyers: Can I Sue for Plastic Surgery?

Plastic surgery has become increasingly common in the United States, with millions of people undergoing elective procedures each year. 

Whether it's a rhinoplasty, breast augmentation, liposuction, or a facelift, people can seek cosmetic surgery to enhance their appearance to their desired effect. 

While many procedures go smoothly, not all outcomes are successful. Some patients suffer serious physical, emotional, and financial harm due to negligent surgeons or improper care.

If you or a loved one has been harmed by a plastic surgery procedure gone wrong, you may be asking: Can I sue for plastic surgery malpractice? The short answer is yes, but you’ll need to prove your injury was caused by negligence.

At Morgan & Morgan, our medical malpractice lawyers have the experience and resources to take on complex plastic surgery cases. We’re here to help you understand your rights, evaluate your legal options, and fight for the compensation you deserve.

For more information about your legal options, contact us today for a free case evaluation.

 

What Is Plastic Surgery Malpractice?

Plastic surgery malpractice occurs when a plastic surgeon or medical professional fails to meet the standard of care expected in the medical field, resulting in injury to the patient. Like all healthcare professionals, plastic surgeons are legally obligated to provide competent, safe, and ethical treatment.

Malpractice doesn’t mean the procedure simply didn’t turn out as you hoped. Instead, it means something went wrong because of a preventable mistake, such as:

• Operating on the wrong body part
• Using unsterile equipment leading to infection
• Administering too much anesthesia
• Causing nerve damage through poor technique
• Failing to obtain informed consent
• Ignoring complications during or after surgery

These types of errors are not just unfortunate—they may be legally actionable.

Common Types of Plastic Surgery Malpractice

While any surgery can involve risks, certain cosmetic procedures are more frequently linked to malpractice claims. Some of the most common types include:

Breast Augmentation Malpractice

Issues may include asymmetry, scarring, nerve damage, or ruptured implants due to poor technique.

Rhinoplasty (Nose Jobs)

Complications like breathing difficulties, collapsed nasal passages, or disfigurement can result from surgical negligence.

Liposuction Errors

Improper fat removal, organ perforation, or contour irregularities may occur due to careless surgical practice.

Facelifts and Botox Injections

Nerve injuries, infections, drooping facial features, or vision issues may arise if a provider isn’t properly trained.

Tummy Tucks (Abdominoplasty)

If a surgeon removes too much tissue or places incisions poorly, patients can suffer from extreme scarring or chronic pain.

Brazilian Butt Lifts (BBLs)

These procedures carry a higher-than-average fatality rate due to fat embolisms when not performed with proper safety protocols.

Signs You May Be a Victim of Plastic Surgery Malpractice

While complications can happen even with competent care, certain red flags suggest your injury was due to negligence:

• Unexpected disfigurement or permanent scarring
• Severe infections that required hospitalization
• Loss of sensation or nerve function in treated areas
• Anesthesia errors that led to brain injury or overdose
• Psychological trauma due to botched results
• Medical professionals ignoring your concerns after surgery

If you’ve experienced any of the above, it’s worth speaking to a malpractice attorney to assess your legal options.

Do I Need to Give Consent for Cosmetic Surgery?

Yes, and failure to obtain your informed consent can be considered malpractice. Before any cosmetic surgery, your doctor is legally required to explain:

• The procedure
• Its risks and possible complications
• Expected outcomes
• Recovery time
• Alternative options

If you underwent surgery without fully understanding what you were agreeing to, or your surgeon downplayed the risks, they may be liable for failing to secure valid consent.

What to Do if You Think You’re a Victim of Plastic Surgery Malpractice

If you suspect you’ve been injured due to a botched cosmetic procedure, here’s what you should do:

• Seek medical attention immediately.
• Document everything — take photos of injuries and keep notes.
• Do not sign anything from the doctor, clinic, or insurer.
• Contact a medical malpractice lawyer as soon as possible.

The sooner you act, the stronger your case may be.

Can You Sue a Plastic Surgeon?

Absolutely. If your injuries stem from a plastic surgeon’s negligence, you can file a medical malpractice lawsuit to recover damages. However, proving malpractice isn’t always easy. You must show:

• The surgeon owed you a duty of care.
• They breached that duty by acting negligently.
• The breach caused your injury.
• You suffered measurable damages (physical, financial, or emotional).

This isn’t always an easy process, however, and requires expert testimony, medical records, and often detailed investigations. That’s where having a seasoned law firm like Morgan & Morgan can make all the difference.

Who Can Be Held Liable for Plastic Surgery Malpractice?

It’s not always just the surgeon who is responsible. Depending on the specifics, other parties could share liability, including:

• The surgical center or hospital (for poor sterilization or staffing issues)
• Anesthesiologists (for dosage errors or patient monitoring failures)
• Nurses or assistants (for post-op care mistakes)
• Medical device manufacturers (for defective implants or tools)

At Morgan & Morgan, we’ll help identify all liable parties to ensure you get the fullest compensation possible.

What Damages Can I Recover in a Plastic Surgery Lawsuit?

Plastic surgery malpractice can leave long-lasting scars, both literal and emotional. Victims may be entitled to compensation for:

• Medical expenses (past and future)
• Corrective surgeries
• Lost wages
• Pain and suffering
• Emotional distress
• Disfigurement
• Loss of enjoyment of life

In tragic cases where a patient dies due to surgical negligence, surviving family members may file a wrongful death claim for funeral costs and loss of companionship.

How Much Is My Case Worth?

Every case is different, and the value of your claim depends on:

• The severity of your injuries
• The impact on your quality of life
• The costs of additional medical care
• Whether the surgeon acted recklessly or egregiously

Our attorneys work with medical and financial experts to build a strong case that reflects the true cost of what you’ve suffered.

What Is the Statute of Limitations for Plastic Surgery Lawsuits?

Each state has a legal time limit, called the statute of limitations, for filing a malpractice lawsuit. In many states, you have two years from the date of injury or discovery of the injury. However, the rules vary, and certain exceptions may apply.

If you wait too long, you could lose your right to recover compensation. That’s why it’s crucial to speak with a lawyer as soon as possible after the incident.

How to Prove Plastic Surgery Malpractice

Winning a cosmetic surgery malpractice case requires compelling evidence. Here’s how we help build your case:

1. Obtain Medical Records

We’ll gather your surgical records, progress notes, and post-op instructions to identify deviations from the standard of care.

2. Consult Medical Experts

Plastic surgery experts can testify how your treatment failed to meet professional standards and how that caused your injuries.

3. Document Your Damages

We help you compile bills, photos, therapy records, and employment impacts to fully illustrate your losses.

4. File a Strong Legal Complaint

Our attorneys draft detailed filings, negotiate aggressively, and—if necessary—take your case to trial.

At Morgan & Morgan, we leave no stone unturned.

Can I Sue if I Signed a Waiver?

Many plastic surgeons ask patients to sign consent forms or waivers before surgery. These documents often include language stating you understand the risks and won’t hold the doctor liable for unexpected outcomes.

But here’s the truth:

You cannot waive away your rights to sue for negligence.

A waiver doesn’t protect a doctor from being held accountable for serious mistakes, reckless behavior, or unprofessional conduct.

How Morgan & Morgan Can Help

Plastic surgery cases are among the most complex medical malpractice claims. They often involve high-stakes reputational issues for the surgeon, insurance defense lawyers, and challenges in proving damages.

At Morgan & Morgan, we level the playing field.

As the country’s largest personal injury law firm, we have the size, resources, and expertise to take on cases of any size.

We believe every victim deserves access to powerful legal representation, no matter how wealthy or well-connected the doctor may be. That’s why we work on a contingency fee basis. Our Fee Is Free®, and you only pay if we win.

We understand how traumatic it is to experience a botched surgery. You may be embarrassed, overwhelmed, or unsure if you even have a case. Let us answer your questions with compassion and clarity.

It costs nothing to get started. Fill out our free case evaluation form today, and one of our experienced attorneys will review your situation confidentially.

Whether it’s a botched nose job, a dangerous BBL, or a failed facelift, you may have legal grounds to sue and recover compensation. Contact us today for a free, confidential case evaluation to learn more about your legal options.