Cosmetic surgery is often marketed as a safe and transformative experience. Many people undergo these procedures expecting improvements to their appearance, confidence, and quality of life.

Unfortunately, things do not always go as planned. When a cosmetic procedure results in unexpected harm, many patients are left wondering if they have legal options, especially when the injury or complication does not appear right away.

At The Rizzuto Law Firm, we take medical negligence seriously. Cosmetic surgery may be elective, but surgeons still owe you the same professional standard of care. If your injury didn’t become apparent until months or even years later, you may still have a case. Here’s what you need to know.

Is Cosmetic Surgery Held to the Same Medical Standards as Other Procedures?

Yes. In New York, all medical professionals, including cosmetic and plastic surgeons, must meet an established standard of care. That means performing procedures with the same level of skill, judgment, and diligence that a reasonably competent provider would use in the same situation.

Whether your surgery was purely cosmetic or medically necessary, a surgeon who fails to meet this standard and causes harm may be held legally accountable.

That includes surgeons who:

  • Used improper techniques
  • Left surgical instruments in the body
  • Failed to disclose risks or obtain proper consent
  • Provided inadequate follow-up care
  • Ignored signs of post-surgical complications

Just because a procedure is elective does not mean you gave up your right to proper care.

What Happens if Your Injury Appears Long After the Surgery?

Not all surgical errors are obvious right away. Some injuries take time to surface. Scar tissue may build up gradually. Nerve damage might go unnoticed until you experience numbness, tingling, or reduced muscle function. Infections, internal bleeding, or disfigurement might not be immediately visible.

In these cases, you may still be able to file a medical malpractice lawsuit. However, your case depends heavily on when the injury was discovered and how it was connected to the original procedure.

This is where New York’s statute of limitations becomes important.

What Is the Statute of Limitations for Medical Malpractice in New York?

Generally, in New York, you have two years and six months to file a medical malpractice lawsuit. This time limit usually starts from the date of the alleged negligence. But when the injury is not immediately obvious, the law allows for some flexibility.

New York recognizes a legal principle called the “discovery rule” in limited situations.

For example:

  • If a foreign object is left inside your body, the statute of limitations begins when you discover (or should have discovered) the object.
  • If continuous treatment was provided after the procedure, the time limit may not begin until that treatment ends.

For other delayed injuries, the law is less forgiving. New York does not have a broad discovery rule for all types of medical injuries. That means even if your injury was not obvious right away, you could still run into the statute of limitations if you wait too long.

That’s why it is so important to speak with an attorney as soon as you notice something might be wrong.

How Do You Prove That a Cosmetic Surgery Injury Was Caused by Malpractice?

To file a successful claim, you’ll need more than evidence of an injury. You must prove:

  • There was a doctor-patient relationship: This is generally easy to establish if you underwent surgery.
  • The surgeon breached the standard of care: You’ll need expert medical opinions to show that the care you received fell below accepted standards.
  • The breach caused your injury: There must be a direct connection between what the doctor did (or failed to do) and the harm you suffered.
  • You suffered measurable damages: This includes physical pain, emotional distress, medical expenses, loss of income, or disfigurement.

This process can be complex, especially when time has passed since the procedure. Medical records, photos, witness statements, and expert testimony all play a role in building your case.

What Are Some Examples of Delayed Cosmetic Surgery Injuries?

There are several types of injuries that may not appear immediately after cosmetic procedures. 

These include:

  • Internal scarring or adhesions that lead to chronic pain
  • Breast implants that rupture or cause illness years later
  • Nerve damage resulting in long-term numbness or loss of function
  • Infections that develop gradually and lead to systemic illness
  • Botched facial procedures that distort appearance over time

These injuries can be physically painful and emotionally devastating. Many people feel embarrassed or ashamed, especially when the results are visible. You have the right to seek justice, even if the damage wasn’t obvious right away.

Can You Sue Even if You Signed a Consent Form?

Yes. A signed consent form does not give a doctor permission to act negligently. You may have accepted the known risks of a procedure, but you did not consent to careless or reckless actions.

For example, a surgeon who fails to sterilize equipment, operate within accepted guidelines, or recognize warning signs during recovery can still be held responsible. A consent form is not a legal shield for malpractice.

What Compensation Can You Recover in a Medical Malpractice Case?

If your case is successful, you may be able to recover compensation for:

  • Medical expenses, including revision surgeries or ongoing treatment
  • Pain and suffering
  • Emotional distress
  • Lost wages or loss of earning potential
  • Permanent disfigurement or disability

The exact value of your claim depends on the severity of your injury, how it has impacted your life, and the strength of the evidence.

How Can The Rizzuto Law Firm Help You?

Cosmetic surgery injuries can leave lasting physical and emotional scars. At The Rizzuto Law Firm, we take these cases seriously and fight aggressively to get you the justice you deserve. We understand that these claims are sensitive and often deeply personal. That’s why we offer compassionate legal guidance backed by decades of experience.

We will:

  • Evaluate your case and determine whether malpractice occurred
  • Investigate your medical records and consult expert witnesses
  • Identify all possible defendants, including surgeons, anesthesiologists, and clinics
  • File your claim on time and handle every aspect of the legal process
  • Fight for full and fair compensation, whether through negotiation or litigation

You should not suffer in silence or be stuck paying for a doctor’s mistake. Let us help you take back control of your health and your future.

Think You Have a Case? Act Now

The longer you wait, the harder it becomes to build a strong case. Evidence can be lost. Deadlines can expire. If you believe you were injured by cosmetic surgery, even if the effects didn’t appear right away, don’t hesitate.

Contact The Rizzuto Law Firm today for a free consultation at 516-604-5496. We’ll listen to your story, explain your options, and help you decide the next steps. You pay nothing unless we win.