Plastic Surgery Malpractice Settlements in Maryland

You’re trying to figure out what your case might be worth. Maybe you’re already talking with an insurance adjuster, or you’re just starting to research what happened to you. Either way, you want real answers instead of vague reassurances.

Plastic surgery malpractice settlements vary widely because no two injuries or cases look the same. Understanding how these settlements work and what drives their value can help you evaluate your own situation. Contact our plastic surgery malpractice lawyers today.

How Do Plastic Surgery Malpractice Settlements Work?

Most medical malpractice claims resolve through settlement rather than a public jury verdict. A settlement is a private agreement between an injured patient and the healthcare provider’s insurer or other responsible parties. Some cases involve hospitals, surgery centers, med spas, or multiple defendants. Settlement often allows both sides to resolve the dispute without the cost, uncertainty, and publicity associated with a trial. It typically includes a confidentiality clause, which is why specific settlement amounts rarely appear in public records or news coverage.

This makes cosmetic surgery malpractice settlements harder to research than jury verdicts. Jury verdicts become part of the public court record once a case goes to trial. What is public, however, is the legal framework that shapes every settlement negotiation in Maryland. That framework includes the state’s cap on certain damages.

What Affects the Value of a Plastic Surgery Malpractice Settlement?

Several factors influence the value of a plastic surgery malpractice settlement, often described as cosmetic surgery compensation. No online calculator can replace a careful review of the specific facts. These are the factors that most often drive value up or down:

• The severity and permanency of the injury, including scarring or disfigurement;
• Whether the patient needed corrective surgery, or will need future revision surgery;
• The projected cost of future medical care and ongoing treatment;
• Lost income and any reduction in future earning capacity;
• The psychological impact of the injury, including trauma or diminished quality of life;
• The strength of the evidence showing the provider’s care fell below the accepted standard of care;
• The credibility and qualifications of the expert witnesses on both sides;
• The comparative strength of liability, meaning how clearly the evidence points to fault;
• The amount of available malpractice insurance coverage and any other potentially responsible defendants; and
• Maryland’s statutory cap on noneconomic damages.

A case involving a clear departure from the standard of care typically commands a higher settlement. A case with disputed liability or a minor, fully resolved complication typically commands less.

Why Two Similar Plastic Surgery Cases Can Have Very Different Settlement Values

Cosmetic surgery malpractice claims often involve similar procedures with very different settlement outcomes. The difference usually comes down to the severity and permanency of the harm, not the procedure itself.

Consider two hypothetical patients who both experienced a delayed diagnosis of a postoperative infection. Patient A’s infection was caught within days. A short course of antibiotics and a minor revision procedure resolved it completely. That claim, if pursued, would carry modest value, since Patient A’s damages are limited and largely resolved.

Patient B’s infection, left unaddressed for weeks, progressed to necrotizing fasciitis. Patient B spent months in the hospital and now lives with permanent disability. That claim carries a dramatically higher value, driven by extensive medical bills, lost earning capacity, and permanent noneconomic harm.

This is exactly why no online source can quote an accurate settlement figure for plastic surgery malpractice settlements in general. Each case’s value depends entirely on its own facts.

Why Don’t Many Plastic Surgery Claims Result in Payment?

Not every claim results in a settlement or payment. The Doctors Company, a national malpractice insurer, reviewed 415 claims against plastic surgeons closed between July 2015 and December 2018. Only 26% of those claims resulted in any payment.

Allegations of improper surgical performance or management drove three-quarters of the claims in that study. Breast procedures accounted for 40% of all claims reviewed. This data suggests that a disappointing outcome alone rarely leads to payment. Insurers want proof, not just a bad result. That means something in the record shows the provider’s judgment or technique missed the mark. It also means real, documented harm that followed from it.

A Maryland Case that Shows the Stakes

Not every case settles quietly. Faith Kunda’s lawsuit shows what happens when a case proceeds to trial instead. In 2020, Kunda underwent liposuction and a Brazilian butt lift, then developed a postoperative infection. Her physician’s assistant allegedly overlooked the infection during two follow-up appointments. Kunda’s condition then progressed to septic shock and necrotizing fasciitis.

A Prince George’s County jury heard the case in March 2025 and returned a verdict of $35,013,510. Reporting on the case indicates that the noneconomic damages cap ultimately brought the total recovery down to roughly $5.8 million. Insurers generally prefer to avoid this kind of exposure, which is one reason thorough case evaluation matters before trial.

Note: This case was tried by another firm, but it illustrates exactly how Maryland’s damages cap plays out in practice.

What Is Maryland’s Cap on Noneconomic Damages?

Maryland places a statutory limit on noneconomic damages in malpractice cases, covering compensation for pain, suffering, and disfigurement. That limit applies whether a case resolves through settlement or verdict, and both sides factor it into negotiations. Juries decide liability and damages without knowing the cap exists; a judge applies it after trial, when entering final judgment. That is why a headline verdict, like Kunda’s above, can look very different from the amount actually paid out. Economic damages, including medical bills, corrective surgery costs, and lost income, are not subject to such a limit. A case requiring extensive corrective treatment can therefore still carry substantial value even once the cap applies.

How Does the Legal Process Work Before a Case Is Settled?

Settlement negotiations don’t happen in a vacuum. Maryland law requires claimants to clear procedural hurdles before a case can proceed, whether it settles or reaches a jury. The process starts with a filing at the state’s Health Care Alternative Dispute Resolution Office, known as HCADRO. An expert’s certificate and report must follow that filing. That certificate must support the claim that the provider’s care fell below Maryland law’s expectations.

Timing matters just as much as procedure. Maryland’s statute of limitations sets the outer boundary for filing. Claimants generally have five years from the date of injury, or three years from discovery, whichever comes first. A claim filed outside that window typically cannot proceed, no matter how strong the underlying facts are.

How Brockstedt Mandalas Federico LLC Evaluates Plastic Surgery Malpractice Cases

Evaluating settlement value starts with the medical facts, then asks how a jury would likely view them at trial. That means pulling operative reports and tracking down every follow-up visit. It also means lining up an expert who can speak to what went wrong. From there, we weigh the offer against what a realistic verdict would look like, including the damages cap.

Brockstedt Mandalas Federico LLC has spent years litigating medical malpractice claims across Maryland, including cases involving cosmetic and reconstructive surgery. If a procedure left you with a preventable injury, call us to schedule a free consultation. A plastic surgery malpractice attorney can walk through what happened, explain how the process applies to your case, and lay out your options.

Frequently Asked Questions About Plastic Surgery Malpractice Settlements in Maryland

Do Most Plastic Surgery Malpractice Cases in Maryland Settle?

Yes. Most medical malpractice claims resolve through settlement rather than trial. Settlements typically remain confidential, which is why public information about specific amounts is limited.

How Is Cosmetic Surgery Compensation Calculated?

Compensation generally covers medical expenses, lost income, and noneconomic losses, such as pain and suffering. Maryland’s cap limits the noneconomic portion, but economic damages remain uncapped.

Do I Have to Accept the First Settlement Offer?

No. Initial settlement offers from an insurer are often lower than a claim’s fair value. An attorney can evaluate whether an offer reflects the strength of your case before you decide how to respond.

Does Every Plastic Surgery Mistake Lead to a Settlement?

No. Many poor cosmetic outcomes occur without negligence. Turning a mistake into a settlement requires proof that the provider’s care fell short of that of a competent surgeon. It also requires proof that the shortfall caused your damages.

Can I Estimate My Plastic Surgery Malpractice Settlement?

No one can accurately estimate a settlement without reviewing the specific facts of your case. That includes your medical records, the extent of your injury, anticipated future treatment, and the strength of the evidence. Maryland’s damages cap also affects the final number.

Can a Case Settle Before the Expert Certificate Is Filed?

Not typically. Settlement talks usually don’t get serious until an expert has certified the claim’s merit. Insurers want to see that a qualified expert stands behind the allegations before they negotiate in good faith.

What Happens If I Wait Too Long to Pursue a Settlement?

Waiting past Maryland’s filing deadline generally forecloses the claim entirely, settlement or otherwise. That deadline runs five years from the injury, or three years from discovery, whichever comes first. Some patients’ circumstances shift how that calculation works. An attorney can pinpoint your specific deadline early, before evidence disappears or memories fade.

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 Alternative Dispute Resolution Office
• Maryland Statute of Limitations for Medical Malpractice
• Maryland Cap on Noneconomic Damages
• The Daily Record: Jury Awards $35M Med Mal Verdict to Woman Who Went Into Coma After Cosmetic Surgery
• TDC Group: Plastic Surgery Closed Claims Study 

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.