Overview of Plastic Surgery Malpractice in Maryland

Patients often undergo elective procedures, such as plastic surgery, to enhance confidence and improve their quality of life. When something goes wrong, however, the impact can be devastating. Plastic surgery malpractice is a serious issue in Maryland, and patients who suffer harm due to negligence may have legal options. If you or a loved one experienced unexpected complications, understanding your rights is an important first step toward accountability and recovery.

At Brockstedt Mandalas Federico, we understand that pursuing a claim is not just about compensation, it’s about answers, closure, and ensuring that preventable harm does not happen to someone else.

What Is Plastic Surgery Malpractice?

Plastic surgery malpractice occurs when a surgeon or medical provider fails to meet the accepted standard of care, resulting in injury or harm. While all surgeries carry inherent risks, malpractice goes beyond known complications. It can also involve preventable errors or negligence.

Examples of plastic surgery malpractice cases may include:

• Performing surgery without proper qualifications or training;
• Surgical errors, such as nerve damage or excessive tissue removal;
• Failure to obtain informed consent;
• Improper post-operative care or follow-up;
• Anesthesia errors; and
• Failure to recognize or treat complications like infections.

Plastic surgery is unique because it is often elective, meaning patients place a high level of trust in their provider to deliver safe, expected results. When surgeons break that trust, the consequences can be both physical and emotional.

Can You Sue a Plastic Surgeon in Maryland?

Yes, patients have the right to pursue legal action if they suffer harm due to negligence. The answer to whether you can sue a plastic surgeon depends on whether the provider failed to meet Maryland’s standard of care and caused injury as a result.

Under Maryland law, claims against plastic surgeons fall under the Maryland Health Care Malpractice Claims Act. This law outlines specific procedures you must follow before filing a lawsuit, including:

• Filing a claim with the Health Care Alternative Dispute Resolution Office (HCADRO),
• Submitting a Certificate of Qualified Expert within 90 days, and
• Demonstrating that the provider’s actions deviated from accepted medical standards.

Additionally, Maryland enforces a statute of limitations. In most cases, patients must file within five years of the injury or within three years of the date the injury was discovered. Failing to meet these deadlines can result in losing the right to pursue a claim entirely.

Proving Plastic Surgery Malpractice in Maryland

Building a strong case requires more than showing that a procedure had a poor outcome. To succeed in a plastic surgery malpractice claim, you must prove:

1. A doctor-patient relationship existed,
2. The provider owed a duty of care,
3. That duty was breached, and 
4. The breach directly caused your injury.

Expert testimony is often essential. Maryland law requires a qualified medical expert to certify that the provider’s conduct fell below the accepted standard of care. This requirement is a critical component of the legal process and can significantly impact the outcome of a case.

Common Injuries in Plastic Surgery Malpractice Cases

When malpractice occurs, the resulting injuries can be life-altering. These are not simply “unsatisfactory results.” They often involve serious medical harm.

Some of the most common injuries seen in plastic surgery malpractice cases include:

• Severe infections or sepsis;
• Nerve damage leading to numbness or paralysis;
• Disfigurement or asymmetry;
• Excessive scarring or burns;
• Organ damage from surgical errors; and
• Complications from anesthesia, including brain injury.

According to data from the American Society of Plastic Surgeons, millions of cosmetic procedures are performed annually in the United States. While most are completed safely, even a small percentage of errors can affect thousands of patients each year.

Understanding Plastic Surgery Malpractice Settlements

For many individuals, pursuing a claim raises questions about compensation. Plastic surgery malpractice settlements vary widely depending on the severity of the injury, the cost of corrective procedures, and the long-term impact on the patient’s life.

In Maryland, damages in medical malpractice cases are subject to caps. These caps primarily apply to noneconomic damages, such as pain and suffering. A successful claim may include compensation for:

• Medical expenses, including corrective surgeries;
• Lost wages or reduced earning capacity;
• Pain and suffering;
• Emotional distress; and
• Loss of enjoyment of life.

While no amount of compensation can undo the harm caused, a settlement or verdict can provide the financial support needed to move forward and access necessary care.

Taking the Next Step

If you believe you have been harmed due to plastic surgery malpractice, taking action may feel overwhelming, but you don’t have to navigate it alone. Start by:

• Seeking medical attention for any complications;
• Documenting your symptoms, treatments, and communications;
• Requesting copies of your medical records; and 
• Speaking with a qualified medical malpractice attorney.

Time is a critical factor in these cases, and early legal guidance can make a significant difference.

Why Legal Representation Matters

Navigating a plastic surgery malpractice claim in Maryland can be complex. From strict filing requirements to expert certifications, even small missteps can affect your ability to recover damages.

Working with experienced medical malpractice attorneys can help you:

• Evaluate whether you have a viable claim,
• Gather and preserve critical evidence,
• Work with qualified medical experts,
• Navigate Maryland’s procedural requirements, and
• Advocate for full and fair compensation.

At Brockstedt Mandalas Federico, our attorneys bring decades of experience handling complex medical malpractice claims. We understand the nuances of Maryland law and have successfully represented clients in high-stakes surgical negligence cases.

Speak with a Maryland Plastic Surgery Malpractice Attorney

At Brockstedt Mandalas Federico, we recognize how deeply personal these cases can be. You trusted a medical professional with your care, and when that trust is broken, the consequences can be life-changing.

Our firm is committed to helping individuals and families pursue justice in plastic surgery malpractice cases. With extensive trial experience, a results-driven approach, and a deep understanding of medical malpractice law, we are prepared to handle even the most complex claims.

If you or a loved one has been affected by plastic surgery malpractice, we encourage you to reach out. Our team is here to listen, evaluate your case, and help you move forward with clarity and confidence.

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• Maryland Health Care Malpractice Claims Act
• Health Care Alternative Dispute Resolution Office 
• Maryland Courts & Judicial Proceedings § 3-2A-04 – Certificate of Qualified Expert
• Maryland Courts & Judicial Proceedings § 5-109 – Statute of limitations 
• American Society of Plastic Surgeons – Interest in Aesthetic Health Remained Consistent Despite Economic Uncertainty in 2024, According to New Report from American Society of Plastic Surgeons
• Maryland Courts & Judicial Proceedings § 3-2A-09 – Medical malpractice caps

Where You Can Find Our Baltimore Office:

Phil Federico

Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.

Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.

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