Is a beauty operation wrong
Botched cosmetic surgery - right to compensation and compensation for pain and suffering
Self-doubt, feelings of shame, vanity, fear of old age - Cosmetic surgery is not always medically necessary. But sometimes it does - for example after a serious accident or a serious illness such as breast cancer. The affected people perceive their appearance as a burden and hope for relief from the operation. Because most of the time you are Enormous suffering.
However, sometimes this plan doesn't work out and one botched cosmetic surgery only makes things worse. If and when the patient will be in such a case damages and personal injury compensation can claim, we explain in the following guide.
FAQ: Rights after a botched cosmetic operation
A claim for damages only arises if the doctor makes a treatment error. You can read what exactly is included here.
Not every failed cosmetic surgery justifies claims for damages. You can find out when a doctor is liable in the following section.
Get comprehensive education about all possible risks, side effects, and complications. If necessary, ask in more detail. Inquire about the doctor's qualifications and be assured that he and not his colleague will perform the procedure.
More guides on cosmetic procedures
Compensation for a botched plastic surgery
In most cases, cosmetic surgery is not medically necessary, but serves only cosmetic purposes. If the procedure goes wrong, the patient can claim damages and compensation for pain and suffering for the botched cosmetic surgery, if the malpractice constitutes medical malpractice.
Such a malpractice exists if the doctor opposes the Rules of medical art violates and thereby causes damage. It enough so not that the result of the cosmetic procedure does not meet the patient's expectations. Instead, the violation just mentioned is required.
The so-called rules of medical art begin before the operation. Patients need to know the risks of such an intervention. This does not mean a botched cosmetic surgery, but the one Risk of disfigurement or allergic reactionsthat can occur even with a proper cosmetic procedure.
Precisely because it is usually an operation that is not medically necessary, the doctor has to advise his patient Explain about any risk associated with the operation and give him several days to think about it. This information is subject to stricter requirements than information before a medically indicated procedure.
Doctors are liable for these cosmetic surgery errors
The doctor is liable for botched cosmetic surgery if he does it special duty of disclosure not met is.
In addition, can also the following breaches of duty justify a claim for damages or compensation for pain and suffering on the part of the patient:
- The doctor operates according to methods for which he no schooling and which he therefore does not have sufficient control over.
- He turns Procedures that do not correspond to the current state of science.
- The medic acts contrary to the established medical knowledge or violates the tried and tested rules of medical treatment (gross treatment error).
Tip: Sometimes doctors try to insure themselves against claims for damages for botched surgery by taking the Exclude liability by contract. That is according to German law not permitted. Under no circumstances should patients sign a waiver for an unsuccessful cosmetic surgery.
How to claim damages and compensation for a botched cosmetic surgery
The legal situation after a failed cosmetic operation is very complex. It is difficult for laypeople to adequately quantify and assert their claims. This is why the following procedure is recommended:
- If the cosmetic procedure fails, patients should contact them immediately seek advice from another doctor - even if the attending physician claims that the desired changes will still occur. Don't wait too long for it!
- Document You the botched cosmetic surgery with all its consequences. Take photos, keep minutes, and ask witnesses for their contact details. That can be B. Be your roommates in the hospital.
- If possible, contact one specialized lawyerbefore you approach the doctor concerned or the responsible insurance company about liability.
In particularly serious cases, a bad cosmetic operation is even an illegal one Mayhem that is no longer covered by the patient's original consent. So the doctor does too punishable.
Compensation table: judgments on the subject of "botched cosmetic surgery"
How high the compensation for botched cosmetic surgery turns out to be, cannot be quantified in general. Rather, this always depends on the individual circumstances, such as the Type and severity of the damage caused and the associated (health, mental and financial) Consequences for the patient.
The following Compensation table offers only a small orientation based on judgments about failed cosmetic surgery.
|Facts||Compensation for pain and suffering||judgment|
|Breast augmentation in porn actress - patient suffered wg. Lack of oxygen during the operation had very severe brain damage from which she died shortly afterwards;|
Anesthetist is due to convicted of negligent homicide
|140,000 - 824,000 euros for the widower|
(depending on income)
|LG Hamburg, June 24, 2016, |
Ref. 303 O 173/14
|unsuccessful breast lift in a young woman (significant scarring and asymmetry) |
- no botched surgery;
the risks that the surgeon had informed the patient about in advance have materialized
(since no medical malpractice)
|Schleswig-Holstein Higher Regional Court, January 25, 2012, |
Ref. 4 U 103/10
|Deformations after an incorrectly performed liposuction||4,000 euros||Düsseldorf Higher Regional Court, March 20, 2003, |
Az. 8 U 18/02
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