Harsh Reality: Elective Cosmetic Surgery vs Medical Malpractice

April 6th, 2011. By AbiK

Just yesterday, we posted about Marilyn Leisz—the New Jersey woman who underwent an operation to fix an earlier operation and a congenital defect—on her eyes. Actually, MSNBC reports that she has had 30 surgeries to correct the problem. But the corrective procedures have left her unable to close her eyes. 

So, Leisz filed a medical malpractice suit against her cosmetic surgeon, Dr. Paul Parker, and was just awarded $115,000. And she’s not happy about it. Who can blame her? After all, the amount seems a bit small given that she has to use a special gel and vaporizer to keep her eyes moist, and she has to sleep with a mask at night to prevent her from scratching her corneas. And she is at risk for blindness—listen to her describe her plight in the above msnbc.com video.

One has to wonder—how did the jury figure out $115,000? as in only $115,000?

Leisz said her life has been thrown into shambles. “I feel like my whole life has been stolen from me,” she told NBC News. “Your eyesight affects everything that you do.”

The simple tasks the rest of us take for granted every day—things like showering, or even sleeping—have become major events requiring a fair amount of preparation for Leisz.

While it’s easy to question why Leisz may have needed (and willingly undergone) some 30 procedures, the interesting part of this is how a cosmetic surgery malpractice case plays out in the legal arena. At least in this instance, it seems as though there’s a bit of a “well, she should’ve known” or “heck, she’s the one who signed on for it” attitude—and maybe at times for some patients that holds true—particularly those that consider plastic surgery solely as a route to greater social acceptance or emotional well-being. Often times a less than desired outcome leads to claims that somehow the surgeon did not deliver as promised—when in reality, he did all he could. The issue there is not negligence, but a cold dose of reality staring the patient right back in the mirror—in more ways than one.

But what of the doctor’s responsibility to advise against the surgery when a patient’s risk would appear to outweigh the benefits?

The details in this case, admittedly, are not as cut and dry as the plastic surgery malpractice case won by Allison Hugh for a botched thigh lift. That netted $60 million. The surgeon in that instance, Ferdinand Ofodile, did not advise Hugh of the risks, did not act within the appropriate standard of care expected of him, and used improper surgical techniques. And, from what I can gather, Hugh’s procedure was done—albeit negligently—purely for cosmetic reasons.

Now, in Leisz’s case, we’re not talking about Jocelyn Wildenstein or that guy who’s chosen to recraft himself—literally—into some form of human cat (Dennis Avner—Google him). We’re talking about someone who’s apparently spent her life trying to correct a problem—ptosis, a congenital defect that weakens the eyelids and ultimately leads to drooping that can affect vision. For many of us, having plastic surgery to correct the ptosis would not even be considered “elective”—we’d want the surgery done.

She was also, according to the published details of the case, warned about the risks—but what was in question was more the extent to which the surgeon should have been able to assess whether Leisz was a good candidate for the surgery and whether the benefits would outweigh any associated risks—i.e., was there indeed enough skin on her eyelids to allow for some skin removal without affecting her ability to have normal eye function?

Clearly Leisz has had a bad string of luck regarding the surgeries she’s had, and it’s unfortunate. But given all she’s been through—and the rationale for it and the subsequent snowballing of attempted fixes—and the results—somehow $115,000 appears a paltry sum as compensation. 

We’ll have to see if there’s any more on this one, but in the meantime, it seems that, unfortunately, Leisz has had her eyes well and truly opened, and is now sharing her story as fair warning to others: if you’re having elective cosmetic surgery, beware of the stigma associated with it should you be unhappy with the outcome, and buyer beware. Meanwhile, if you do suspect medical malpractice, make sure you speak with an attorney who specializes in medical malpractice litigation.

Tags: cosmetic surgery, Dr Paul Parker, Elective Surgery, marilyn leisz, medical malpractice

This was posted on Wednesday, April 6th, 2011 at 11:22 am and is filed under Drugs/Medical, Emerging Issues . Feel free to respond, or trackback. Read our comments policy.