Before the patient agrees to plastic surgery, the doctor should inform her in detail about any possible negative effects of the procedure. And even when he signs a statement that he will not be against him in the event of a failed surgery, he may pursue a legitimate claim against this doctor.
Dorota, a married 46-year-old woman, more and more often had the impression that her partner, who was several years younger, began to pay attention to other women and did not show as much affection as before.
Blame all this on the inexorable time. In horror, she stared in the mirror at more and more tiny wrinkles, crow's feet around her eyes, and pendulous cheeks. She thought then that the only salvation would beplastic surgery . She hoped thattreatmentwould restore her face to its former freshness.
She also thought about breast surgery. She recently read a lot in color magazines about the secrets of the eternal beauty of Hollywood movie stars undergoing countless plastic surgeries that left no visible scarsscars .
Have a good bad start - consultation before plastic surgery
So she went to a private plastic surgery clinic advertised in the press. A kind, polite and trustworthy doctor offered her facial correction. The procedure was to shorten the nose, lift the eyelids, stretch the skin of the forehead, cheeks and neck. He planned the breast correction on a different date, so as not to overload the patient's body and pocket with too much effort. And the cost of improving her beauty was not low: she was supposed to pay 6,000 PLN for facial surgery. PLN, and breasts - 3 thousand. zloty. The doctor assured that the effects would be excellent. Although he mentioned that it is a surgical procedure, and as such it carries some he alth risks, he said that he had already performed dozens of similar operations. He added that minor adjustments may be needed at times, but that he does them quickly and for free. So Dorota made an appointment for the next face surgery.
Agreement in the dark - before plastic surgery
Just before the procedure, the nurse gave her a letter for her signature, but the nervous woman did not read it carefully. He remembers there were statements about the possibility of postoperative complications and a statement that in such a case there would be noreport any claims to the doctor.
ImportantLet this story be a clue for all women disfigured as a result of plastic surgery who find themselves in a similar situation. They have to overcome their resistance and boldly pursue their rightful compensation claims in court.
Drama after plastic surgery
For Dorota, it started a few weeks after the surgery, right after removing all the bandages. In the places of skin cuts, thick, red and shiny scars were formed. One of the lids would not close shut, and the nose showed a pitiful sight of a swollen, shapeless lump. The doctor explained the excessive tendency of the patient's body to create overgrown scars and the so-called keloids. He promised a nose correction, but without any guarantees of a good result. In general, he referred to the lack of any responsibility - he claims that he had warned the patient about the probability that the procedure might fail and undesirable consequences could occur, as well as about the possibility of disfiguring scars. He showed her his written consent to the procedure and the general prejudices about possible complications, and most of all resignation from the claims to the doctor.
Like a mouse under a broomstick
Dorota has not yet brought any claims against the doctor to court. Like most women victims of unsuccessful plastic surgeries, they are ashamed to talk about their case in public. She is also afraid that she has no chance of obtaining compensation: she has signed a consent to the operation and resignation from claims. This is a completely unfounded fear. In such cases, the doctor is not exempt from liability for damages, pain and harm caused by the unsuccessful treatment. He is primarily responsible for his own culpable behavior, and thus for any medical malpractice (liability under Art. 415 of the Civil Code).
Doctor's fault
The effects of Dorota's surgery clearly indicate such mistakes. Poorly healing wounds and the formation of keloids indicate infection during the procedure, and the non-closing eyelid and shapeless nose prove gross deficiencies in the surgical technique. A doctor will speak in this case - a court expert who will be appointed by the court during the trial. There is also the responsibility for non-performance or improper performance of the contract concluded by the doctor with the patient (liability under Art. 471 of the Civil Code). In the case of Dorota, with the doctor's assurances that the promised effects of the procedure have been achieved, it can even be assumed that it was the so-called commitment of the result that was not achieved. The doctor's responsibility is obvious. Signed by a stressed out patient, in some wayIn the sense, a declaration of resignation from claims, enforced immediately before the operation, in the event of a failure of the procedure, is not an important statement and does not close the way of pursuing legitimate claims against the doctor. In addition, the patient's consent to plastic surgery, which is not necessary for life and he alth, should be preceded by extensive and detailed information about its possible negative effects. Dorota did not receive such information, and yet the patient should undergo this type of surgery with full awareness.
Right requests
Dorota has all the reasons to bring a claim for damages against the doctor. It may demand not only compensation for property damages in the form of surgery costs, treatment, transport and lost earnings. She can also claim an appropriate pension if she "has lost all or part of her ability to work or if her needs have increased or her future prospects have diminished" (Art. 443 of the Civil Code).
She can also claim "financial compensation for the harm suffered "(art. 445 of the Civil Code), that is for the physical suffering and moral harm that she has already suffered and will feel in the future as a result of the doctor's faulty conduct.
Let Dorota's case be a warning against believing in the miraculous power of surgery plastic, and - how often - trust the overly optimistic assurances of some physicians representing this developing and profitable field of medicine.