Does a plastic surgery patient with obviously poor results have any legal recourse against ABPS PS who did the work?

Question

A board certified general PS charged $15K for neck lift and 4 lid bleph; 3.5 mos post op, results are poor. He merely says I look great; won't acknowledge poorly placed highly visible incisions away from ears or heavily sagging, puckered neck skin. I'm 53, non smoker, not overweight; followed all post op orders. The dr. blames excess skin on upper eyelids and neck on swelling; it's clear w/ time it's getting worse. I don't want to let him do a revision. What legal recourse do I have if any?

Farhad Rafizadeh, MD · Answer

I am very sorry to learn that your surgeon told you “you look great” because if I had a result like yours, I would be the one asking you to please let me correct it as soon as possible. This would be in order to help you, but also to avoid the bad publicity of you showing these results to the world. You have recourses against a surgeon who committed malpractice. In order to tell whether you just had bad results because your case was extremely difficult or we are dealing with a malpractice, you need to be seen in person. You should bring your before pictures and the operative report as well as post operative notes. If this is judged to be bad results, you can either trust your surgeon again to do a revision or if you have lost your confidence in him, you could request a refund in order to pay another surgeon to do the correction. Your surgeon will probably ask you to sign a certificate, relieving him of any further claim before giving you the refund. It wouldn’t be correct nor would it be fair to make a judgment based on a few pictures. The good news is that your situation can be corrected, but it would require a complete redo and would probably cost more than the original surgery.

Richard Zienowicz, MD · Answer

You have legitimate concerns.  If your surgeon won't address them seek the advice of another highly respected surgeon in your community or elsewhere.  The American Society of Plastic Surgery (ASPS or the American Society of Aesthetic Plastic Surgery (ASAPS) can recommend qualified surgeons to you.

Jason Emer, MD · Answer

results are subjective, and there is a standard of care. a physician in practice should be trying to get the best outcomes and always make their patients happy.  you would need to get a second opinion for a revision procedure and/or speak to a lawyer if you are seeking any compensation for a result that wasnt anticipaited. there is a big difference however between poor outcomes and malpractice.  if there was no malpractice you may not have any option for recourse.  its still best to have your voice heard. I think if you trusted you origional physician there is a reason why and you should go back and speak to them.  I will say however, I wouldnt trust this physician with my face again and i would suggest going to a facelift expert especially someone who does revisions --- similar to how i revise many liposuction procedures with poor outcomes. Best, Dr. Emer.

Arnold Almonte, DO · Answer

Sorry to hear about your situation. I would follow up with your PS or meet with another board certified surgeon and discuss the possibility of doing some revisions, such as placing the incision inside the ear and retightening the neck. Improvements can be made based on your photos. Good luck!

Richard G. Reish, MD, FACS · Answer

Hello and thank you for your question.  I am sorry to hear about your experience.  The
best advice you can receive is from an in-person consultation.  Based on
your photographs, I can tell you that you may benefit from a revision procedure.  This could either be performed by your surgeon or another qualified board-certified surgeon. 
Best wishes and good luck.
Richard G. Reish, M.D.  FACS
Harvard-trained plastic surgeon

Does a plastic surgery patient with obviously poor results have any legal recourse against ABPS PS who did the work?

Answers (8)

Answer: Unhappy with results

Answer: Unhappy with results

Answer: Facelift revision

Answer: Facelift revision

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Everything you need to know about Neck Lift

Our mission is to create a world where every investment in modern beauty is Worth It.

Does a plastic surgery patient with obviously poor results have any legal recourse against ABPS PS who did the work?

Answers (8)

Answer: Unhappy with results

Answer: Unhappy with results

Answer: Facelift revision

Answer: Facelift revision

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Recommended reading

Everything you need to know about Neck Lift

Our mission is to create a world where every investment in modern beauty is Worth It.