Understanding Liposuction Malpractice Claims

Most of us have looked in the mirror at one point and wished we could change something about how we look. For many people who are dissatisfied with their shape and frustrated by unsuccessful attempts to lose fat through exercise and dieting, liposuction is a tempting option.

Most of the time liposuction is a safe and reasonably effective procedure. It is one of the most commonly performed plastic surgery procedures. But it is still a surgical procedure, and like any surgery, liposuction must be performed with care to avoid the possibility of medical malpractice.

What is Liposuction?

Liposuction, also called “lipoplasty,” involves removing pockets of fat from the body to improve its shape and proportions. As the name suggests, the process removes fat (lipid tissue) by suction. There are several liposuction techniques:

• Tumescent liposuction requires injecting medical solution into a fatty area to numb tissues and shrink blood vessels to prevent blood loss, after which fat is suctioned through a vacuum tube.
• Ultrasound-assisted liposuction uses ultrasound energy to break down walls of the fat cells, liquefying them, before suctioning the fat.
• Laser-assisted liposuction uses lasers to heat fat and make it easier to remove by suction.
• Power-assisted liposuction involves use of a suction device that has a tool at the tip to help it cut through fat for easier removal.

Common target areas include the abdomen, waist, buttocks, hips, and thighs, but liposuction may also be performed on the back, chest, neck and arms. The procedure may be performed in a hospital on either an inpatient or outpatient basis, or in an outpatient surgery center or a surgical facility located within a surgeon’s office.

Most patients can return home the same day after a liposuction procedure, but recovery time depends on the type of procedure, how extensive the work was, and the patient’s general health. After a few days of rest, patients can slowly begin to resume their routine; soreness and swelling may persist for a week or two. At the six-week mark, most people can fully resume their normal activities, and the results of the surgery should be fully apparent by three months after the procedure.

How Does Liposuction Malpractice Happen?

Liposuction medical malpractice means more than just not being happy with the outcome of the procedure. For an outcome to be considered liposuction malpractice, the provider must have not acted as a reasonable provider would; that breach of duty must have injured the patient; and the patient must have suffered damages as a result.

Common examples of liposuction medical malpractice include:

• A negligent intake process may mean that an unsuitable candidate was allowed to move forward with the procedure, or a patient may not be properly informed of risks before agreeing to the procedure (lack of informed consent).
• A badly-trained or inexperienced surgeon uses poor technique, leading to lumpy results or asymmetry.
• Failure to adequately sterilize tools or provide appropriate wound care can lead to a surgical site infection, which may lead to sepsis.
• Anesthesia errors may lead to a patient remaining awake during the procedure (if too little anesthesia was administered), or to potentially fatal cardiac arrest (if too much anesthesia was administered).
• Excessive scarring and skin damage may be caused by improper use of surgical tools or aggressive technique.
• Nerve damage may be caused by poor technique, leading to lasting pain, numbness, or loss of sensation.
• Internal injuries, such as puncture of internal organs, can be caused by poor technique. In the most serious cases, emergency medical treatment may be required.
• A foreign body may have been left in the body.
• The procedure was performed on the wrong patient, or on the right patient but at the wrong site.

Because liposuction is increasingly performed in settings other than a hospital, such as a surgeon’s office, a medical emergency during liposuction may mean that the patient may need to be transported to a hospital by paramedics. The delay in care could cause permanent injury or death.

Even if doctors and facilities do everything properly, it is still possible for a patient to experience complications or a result that didn’t meet their expectations. However, if you have suffered liposuction injuries like those listed above, it’s worth talking to an experienced medical malpractice attorney to see if you might have a claim.

Can I Sue for Malpractice From Liposuction?

If you suffered liposuction injuries due to a doctor or facility’s negligence, you can pursue a claim for medical malpractice. Sometimes, an injury is obviously due to malpractice, such as when a doctor operates on the wrong site or leaves a foreign object inside a patient’s body. Most of the time, it’s less clear. Even if you’re not sure your doctor committed liposuction malpractice, it’s still worth talking to an attorney.

A medical malpractice attorney knows how to investigate the circumstances of your injury and to review medical records to see if malpractice may have taken place. If you have a viable claim, your attorney will build a case, including involving expert witnesses as needed, and advocate on your behalf throughout the complex legal process. You only have a limited time in which to file a malpractice claim. Once the window of time is closed, your claim is forever barred. To learn more about liposuction injuries and medical malpractice, contact the Fraser Law Firm to schedule a consultation to discuss your options.