You went in for a procedure that was supposed to improve how you look or feel. Whether your surgery was elective or reconstructive after trauma, cancer, or illness, you expected competent medical care. Instead, you’re dealing with a serious complication, a disfiguring result, or an infection that spiraled into something life-threatening. You may be wondering whether this was an unavoidable risk or something that should have been prevented with proper care.
Plastic surgery malpractice lawyers at Brockstedt Mandalas Federico LLC investigate exactly that question. The firm’s attorneys review medical records and consult qualified experts familiar with the procedure and standard of care at issue. They evaluate whether the available evidence shows that your surgeon or another provider fell below the accepted standard of care. The goal is to find out whether earlier action would have changed your outcome. Contact our team today.
What to Know About Maryland Plastic Surgery Malpractice Claims
Not every disappointing cosmetic outcome is malpractice, but certain facts can point to a stronger claim. Here’s what Maryland plastic surgery malpractice lawyers look for before moving forward.
Key Takeaways
- A national closed-claims study found that only about 26% of plastic surgery malpractice claims resulted in payment, showing that a disappointing result alone rarely proves malpractice.
- Improper surgical technique, missed post-operative complications, anesthesia errors, and inadequate informed consent are among the most common causes of plastic surgery malpractice claims.
- Maryland requires a certificate of merit from a qualified expert before a malpractice claim can proceed, and claims are generally subject to a five-year-from-injury or three-year-from-discovery filing deadline.
- Maryland caps noneconomic damages like pain and suffering in malpractice cases, though there is no cap on economic damages such as medical bills and lost income.
Why Plastic Surgery Malpractice Claims Happen
Plastic surgery carries real risks even when performed correctly, which makes these claims different from many other malpractice cases. A closed-claims study by The Doctors Company examined 415 plastic surgery claims resolved between July 2015 and December 2018. Breast procedures accounted for 40% of the claims. That likely reflects both the high volume of breast procedures and the frequency of implant-related revision surgery.
Allegations of improper surgical performance or management drove three-quarters of the claims in that study. Reoperations and emotional trauma together made up two-thirds of all claims. 26% of the claims reviewed in this study resulted in payment to the patient. That relatively low rate shows that a disappointing cosmetic result alone rarely establishes malpractice. A successful claim generally requires medical evidence of both a breach of the standard of care and resulting harm.
Separately, gluteal fat grafting, commonly called a Brazilian butt lift, has drawn particular safety concerns. A task force study published in the Aesthetic Surgery Journal examined deaths from gluteal fat grafting nationwide. Depending on the calculation method, researchers estimated mortality at between 1 in 6,214 and 1 in 2,351 procedures. That risk was largely due to fatal fat embolism. Updated safety practices, including keeping injected fat above the muscle and using real-time ultrasound guidance, are intended to reduce it.
Even with improvements, the procedure remains technically demanding and requires careful patient selection and surgical technique. When a claim does involve this procedure, it is typically driven by allegations of improper surgical performance.
Signs Your Procedure May Have Involved Malpractice
Patients often aren’t sure whether a bad outcome reflects an accepted risk or a preventable error. Some signs worth having reviewed by a cosmetic surgery malpractice lawyer include:
- Your surgeon didn’t discuss the specific risks of your procedure before you consented;
- A visible infection or unusual pain went unaddressed at follow-up visits;
- You needed emergency treatment or hospitalization after a routine cosmetic procedure;
- Your result includes severe asymmetry, tissue damage, or disfigurement that your surgeon can’t explain as a recognized risk of proper care; and
- A non-physician performed a procedure you believed a licensed surgeon would handle.
Dissatisfaction with your appearance alone generally does not establish malpractice. The central question is whether care fell below the accepted standard of care or whether the provider disclosed material risks.
Many cosmetic procedures require revision surgery for reasons unrelated to negligence. The need for additional surgery alone does not establish malpractice. The question is whether the original care fell below the accepted standard of care.
None of these facts alone proves malpractice. Together, they can support a closer review by experienced plastic surgery malpractice lawyers.
Not Sure If What Happened Was a Risk or a Mistake?
It’s hard to tell the difference between an accepted risk of surgery and a preventable error, especially when you’re the one living with the result. We’ll walk through what happened before, during, and after your procedure, and help you understand honestly whether your care fell short. There’s no cost to have that conversation.
Schedule A Free ConsultationWhat Are Common Causes of Plastic Surgery Malpractice?
Plastic surgery malpractice claims generally fall into a handful of recurring categories. Understanding these common surgical failures can help you recognize whether your experience may involve one of them.
Improper Surgical Technique
Surgical errors account for a large share of plastic surgery malpractice claims. A surgeon might use an outdated technique or operate on the wrong site. A surgeon might also fail to adjust course when a complication arises mid-procedure. Proving this type of claim usually requires an expert in the specific procedure at issue.
Failure to Recognize Post-Operative Complications
Many of the most serious plastic surgery injuries develop after the procedure ends, during recovery. A Prince George’s County jury addressed exactly this failure in Faith Kunda’s case. Kunda developed a postoperative infection after liposuction and a Brazilian butt lift in 2020.
A physician’s assistant allegedly missed the infection at two follow-up visits, even after Kunda reported feeling feverish. She later went into septic shock and was diagnosed with necrotizing fasciitis. She spent months at the University of Maryland Shock Trauma Center. In March 2025, the jury awarded her $35,013,510. According to reporting on the verdict, application of Maryland’s cap on noneconomic damages reduced the judgment to approximately $5.8 million.
Anesthesia Errors
Anesthesia mistakes, including incorrect dosing or inadequate monitoring, can cause brain injury, cardiac events, or death. These claims often turn on whether the anesthesia provider followed proper monitoring protocols throughout the procedure.
Inadequate Informed Consent
Before obtaining consent, surgeons must disclose material risks and reasonable alternatives that a patient needs for an informed decision. A lack of informed consent may support a separate claim. This applies when an undisclosed risk occurs, and the patient can show that adequate information would have changed the decision.
Non-Physician Providers and Medical Spas
A growing share of cosmetic procedures, particularly laser treatments, occur outside a traditional surgeon’s office. A JAMA Dermatology analysis of laser-surgery litigation from earlier periods found that non-physician operators were increasingly involved in claims.
Med spa cases often raise questions that go beyond who held the device. Experienced cosmetic surgery malpractice lawyers examine who owned or supervised the facility. They determine whether appropriate physician supervision existed throughout the patient’s care. They also confirm whether the treating provider was properly licensed and authorized to perform the procedure.
Compensation in a Maryland Plastic Surgery Malpractice Claim
A successful claim may cover past and future medical expenses, including the cost of corrective surgery. It may also include lost income, scarring or disfigurement, and pain and suffering. Maryland caps the noneconomic portion of a malpractice award, meaning compensation for pain, suffering, and disfigurement. The state places no limit on economic damages, such as medical bills and lost wages.
What Is Maryland’s Legal Process for a Plastic Surgery Malpractice Claim?
A Maryland malpractice claimant generally must first file with the state’s Health Care Alternative Dispute Resolution Office, known as HCADRO. The claimant must then submit a certificate and report from a qualified expert within the time permitted by law. The certificate and report must support the allegation that the provider departed from the applicable standard of care. After satisfying that requirement, the claimant may waive arbitration and proceed to the circuit court.
A claimant must also act within Maryland’s statute of limitations. Maryland generally requires filing within the earlier of five years from the date of injury or three years from discovery. Certain exceptions, including rules affecting some minors, may apply. Missing these requirements can lead a court to dismiss a case regardless of its underlying merit.
Recovering from a Complication Shouldn’t Mean Facing It Alone
Whether you’re dealing with a disfiguring result, a serious infection, or a complication that turned into a medical emergency, you deserve real answers about what went wrong. Our attorneys will review your records, consult the right experts, and help you understand your options clearly and honestly.
Schedule A Free ConsultationWhy Choose the Plastic Surgery Malpractice Lawyers at Brockstedt Mandalas Federico LLC
Plastic surgery malpractice claims often require examining far more than the procedure itself. The investigation may include the surgeon’s planning and the facility’s safety practices. It may also cover anesthesia records, operative technique, postoperative monitoring, and how providers responded once complications appeared.
Our attorneys reconstruct what happened before, during, and after the procedure. We work closely with qualified experts to evaluate whether the injury was preventable.
Brockstedt Mandalas Federico LLC has extensive experience handling complex medical malpractice litigation throughout Maryland. Our firm has handled cases involving surgical centers, medical spas, and hospital-based providers. If a cosmetic or reconstructive procedure left you with a preventable injury, contact our office today.
Frequently Asked Questions About Plastic Surgery Malpractice
How Do I Know If My Plastic Surgery Complication Was Malpractice?
A malpractice claim generally requires showing that a reasonably careful provider would have avoided or caught the error. This standard accounts for the known risks of your specific procedure. An attorney can review your records and consult a qualified expert to evaluate what happened.
Do I Need a Certificate of Merit to File a Claim in Maryland?
Yes. Maryland requires a certificate from a qualified expert confirming the claim has merit. Most medical malpractice cases cannot proceed without it.
How Long Do I Have to File a Plastic Surgery Malpractice Claim in Maryland?
In most cases, you must file within three years of discovering the injury. You may also have five years from when it occurred, whichever comes first. Some circumstances can affect this deadline, so it’s worth confirming your specific timeline with an attorney.
Can I Sue a Med Spa or Non-Physician Provider for a Botched Cosmetic Procedure?
Yes. Non-physician providers and the practices that supervise them can be held liable for injuries caused by improperly performed cosmetic procedures. An attorney can determine who was involved in your care and who bears responsibility.
Can I Sue If I Signed a Consent Form Before Plastic Surgery?
Yes, in some circumstances. Signing a consent form does not excuse negligent treatment. It also does not necessarily establish that you received adequate disclosure of the material risks involved.
Is There a Limit on What I Can Recover?
Maryland caps noneconomic damages, such as pain, suffering, and disfigurement, in medical malpractice cases. There is no cap on economic damages, including medical expenses and lost income.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal 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
- JAMA Dermatology – Increased Risk of Litigation Associated with Laser Surgery by Nonphysician Operators
- Aesthetic Surgery Journal – Report on Mortality from Gluteal Fat Grafting