From Beauty to Beast and Back?

profile photo
By Yosi Yahoudai
Founder and Managing Partner

Q: Can I sue for medical malpractice if a botched plastic surgery procedure cost me work opportunites?

The cosmetic surgery industry is booming in today’s selfie- driven society. But the industry’s biggest clients have traditionally been and will likely continue to be celebrities in entertainment industry–celebrities who are not afraid to sue for medical malpractice over a botched plastic surgery procedure.

Many celebrities –particularly women–literally depend on their looks for their livelihood. So a botched facial (or body) procedure could not only cost them previously booked lucrative job assignments, but could be a career-ending disaster if the damage cannot be repaired.

Recently, an international actress prevailed in a Los Angeles medical malpractice lawsuit against a Beverly Hills cosmetic surgeon who she claimed a “caused her to lose job opportunities because a facial procedure left her face looking enlarged and swollen”. Agreeing with the actress, a jury awarded her a $1.16 million verdict though the surgeon’s attorneys reportedly indicated an intention to move to reduce the damages to $250,000 in accordance with the pain and suffering damages cap in medical malpractice cases under the Medical Injury Compensation Reform Act of 1975.

The actress allegedly originally sought Botox treatments to look younger, but the doctor suggested using a dermal filler instead. After the filler was injected over the actress’ cheekbones she claimed her face “became enlarged, swollen and uneven” in and thereafter she experienced “facial burns” when his assistant attempted to “use laser treatment to melt the [dermal filler]”.

A film producer testified on behalf of the actress as to particular work lost due to the “severe problems” with the actress’ face. In addition, the actress alleged it took “two years of further treatment and medication to bring back her looks and allow her to get steady work again”.

Medical malpractice claims fall under the umbrella of personal injury law, which seeks to compensate victims for losses sustained as the result of the negligence of someone else, such as a cosmetic surgeon. Damages may include economic as well as non-economic losses, including medical expenses, lost income, pain and suffering, and more, depending on the particular circumstances of the case.

If you or a loved one suspects you have been the victim of medical malpractice, the personal injury attorneys at J&Y Law Firm have the resources and experience to help you. Call us today at 888-806-6722 for a free consultation at any of our 21 offices throughout California. We represent clients all over California as well as those injured while visiting California.

author photo
About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.