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SIESKY LAW FIRM, PC

Focusing on personal injury, civil litigation, whistleblower claims and workers' compensation law, Siesky Law Firm strives to provide excellent legal services while remaining client and community centered. The Evansville-based trio of top attorneys - including Lane Siesky, Daniel Gearhart and Douglas Briody - boasts years of invaluable experience inside and outside the courtroom. Highly-respected with an impeccable track record, the firm's aggressive representation of its clients continues to benefit the community in myriad ways.

Q: For Christmas, my husband gave me a gift certificate to receive plastic surgery as I've been wanting to take steps to appear more youthful now that I'm nearing 60. While I'm excited about the prospect of decreasing the wrinkles on my face, etc., I do have concerns about the potential pitfalls. If there are complications with the surgery - or I'm simply not satisfied with the results - what legal recourse do I have?

A: From a legal perspective, your question presents several issues. Anytime an individual undergoes a medical (or cosmetic) procedure, there are risks. That is why healthcare is known as the practice of medicine and not the perfection of medicine. Indeed, when things go wrong, it is not always the fault of the medical professional who is handling the situation. The question of whether or not you have legal recourse if there is a surgical complication brings into focus the issues of informed consent, whether the complication you suffer is an inherent risk of the procedure and the standard of care.

If you were adequately informed, then one must look to the nature of the complication you suffered and ask was this complication an inherent risk of the procedure. A risk is inherent if it sometimes occurs during the procedure even if the doctor did nothing wrong. Normally, you have a better case if the complication you suffer from the procedure would not be expected unless the doctor was negligent. In the medical realm, negligence is the failure by a doctor to adhere to the standard of care. In other words, the doctor must act and use the degree of care and skill that a reasonably careful, skillful and prudent doctor would in the same situation.

Finally, you may still have legal recourse even if you were adequately informed and the complication was inherent or did not result from the doctor’s negligence if the doctor failed to recognize the complication and treat the complication in a timely and appropriate manner.

Here, it is best to consult with a lawyer that practices in medical malpractice law if you have suffered a complication from surgery and want to learn the merits of a potential legal case.

Disclaimer: The above information provided by Siesky Law Firm, PC, is not legal advice and should not be taken as legal advice. Application of the law is highly fact sensitive and readers should consult with an attorney on legal matters.