Can You Sue for a Wrongful Death from a Failed Cosmetic Procedure?

Categories: Wrongful Death

wrongful death

Experienced Wrongful Death Attorneys Serving Victims of Failed Cosmetic Procedures throughout Washington State

Surgeries carry risks, and elective procedures have risks that may outweigh the benefits. Elective procedures are those that the patient opts for, and are not life-saving procedures. Therefore, when an error occurs, the law is a little unclear.

When a patient undergoes a cosmetic procedure, and dies as a result, the family may wonder if the physician is at fault for the person’s death. Did the physician fail to perform the standard duty of care?

The Cosmetic Surgeon’s Duty

Millions of Americans undergo plastic surgery procedures each year. There are health risks associated with such elective procedures, such as the risk of infection, anesthesia complications, and nerve damage. There is also the risk of bruising, scars, hematomas, seromas, and other injuries.

However, complications are not always a matter of negligence. When a patient signs a consent form, he or she is accepting the known and inherent risks of the procedure to be received. Cosmetic procedures are elective, which means that the patient has opted to take those risks to receive an optional treatment – again, the surgery is not life-saving.

When Death Occurs

Loved ones may wonder if they can sue for wrongful death after their family member passed away due to a cosmetic procedure. If the cosmetic surgeon’s breach of duty led to death, then the deceased’s family may be able to file a wrongful death suit. However, Washington is strict about which family members may file a wrongful death suit, and the statute is highly complicated. Therefore, family members should seek advice from a legal expert regarding the potential case.

To file a wrongful death suit, the loved ones must be able to prove that the death was the result of the doctor’s negligence. Also, they must show that the patient had suffered harm, and the family members are now suffering as a result of their loved one’s untimely death.

Plastic surgeons can easily argue that a complication caused the patient’s death – not their negligence. And, if there are certain known risks or complications with that procedure, it may be difficult to file a personal injury lawsuit against the physician when a loved one dies.

Contact a Washington Wrongful Death Attorney

The best chance that loved ones have to seek compensation against a doctor is to contact a Washington wrongful death lawyer.

If you have lost a loved one from a complication or you think your loved one passed away because of a physician’s negligence, you may have a wrongful death claim against that physician.

Let the team at Brett McCandlis Brown, PLLC help you with your case. We have years of experience, and we know what it takes to successfully bring a wrongful death suit in front of the courts. Schedule a free consultation with an injury lawyer today by calling 800-925-1875 or requesting more information online.