Plastic surgery usually comes with high expectations: the patient invests time and money and undergoes an invasive procedure in pursuit of a specific result. When serious complications arise or the final result is very different from what was agreed, it's natural to wonder whether that was simply a "risk of the procedure" or whether something went wrong due to the professional's or the clinic's responsibility.
Common complications in plastic surgery
Among the situations that commonly lead people to seek legal guidance are:
- Skin or tissue necrosis, with loss of area and extensive scarring;
- Suture dehiscence (the surgical wound reopening) beyond what would be expected;
- Asymmetries and deformities not disclosed as a possible risk;
- Post-operative infections resulting from asepsis failures or inadequate care;
- Large seromas and hematomas caused by technical failure or a lack of adequate follow-up;
- Serious complications, such as thromboembolism, when associated with negligence in safety protocols;
- An aesthetic result substantially different from what was promised during the consultation.
Assumed risk or failure by the professional?
Every surgery involves inherent risks, which must be disclosed to the patient in advance through the informed consent form. The existence of these general risks does not, by itself, rule out the liability of the physician or the clinic when there is technical failure, negligence in pre- or post-operative care, or when the harm suffered goes beyond what would be a reasonable, disclosed risk of the procedure.
A relevant point in these cases is the nature of the obligation assumed by the plastic surgeon. In surgeries with a strictly aesthetic purpose (cosmetic surgery), Brazilian case law has traditionally leaned toward treating this as an obligation of result — which can make it easier to discuss liability when the delivered result is substantially different from what was promised. In reparative surgeries, on the other hand, the tendency is to treat it as an obligation of means, given the greater clinical complexity involved.
You can explore this distinction in more depth in our complete guide on patient rights in cosmetic procedures.
The consent form does not end the discussion
It's common for clinics to point to a signed informed consent form as a kind of "waiver" of any liability. That's not correct: the form proves that you were informed about the general risks of the procedure, but it does not protect the professional in the event of technical error, negligence, or a result far removed from what was agreed.
What to do when facing a surgical complication
- Seek medical attention immediately at any sign of a complication — your health comes before any legal decision;
- Consider seeking a second medical opinion independent of the clinic that performed the procedure;
- Record photos and videos of how your condition progresses, with dates;
- Formally request your complete medical records, including the surgical description and any exams performed;
- Keep all communications exchanged with the surgeon and the clinic;
- Seek specialized legal guidance to assess your case before accepting any settlement offer from the clinic.