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Is cosmetic procedure negligence a breach of duty under Georgia malpractice law?
- Published November 7, 2026
- No. 110 of 195 in this folder
Filed in Georgia Medical Malpractice FAQ
Last updated: November 7, 2026. Georgia law changes; check the date before relying on any deadline or rule below.
It can be. No Georgia statute lists which cosmetic errors count as breaches. Breach is measured case by case against the care ordinarily employed by the profession generally under similar conditions (O.C.G.A. § 51-1-27), and a qualified expert must explain what that standard required for the procedure performed. A cosmetic patient is owed the same standard as any other patient.
How breach is measured
The expert compares what the provider did with what a careful provider in the same profession would have done, considering the patient’s history and the procedure chosen. The expert must have actual experience in the area and have practiced or taught in at least three of the last five years (§ 24-7-702). Georgia does not allow the result alone to prove negligence; res ipsa loquitur does not apply in malpractice cases (Oakes v. Magat, 2003).
Points where breach is argued
| Stage | Possible breach |
|---|---|
| Patient selection | Proceeding despite health conditions that made the procedure unsafe |
| Planning | Removing too much tissue, or combining procedures beyond safe limits |
| Technique | Injuring a nerve, vessel, or organ through a method a careful provider would not use |
| Anesthesia and monitoring | Inadequate monitoring in an office setting |
| Aftercare | Missing signs of infection, blood clots, or tissue death |
A complication is not, by itself, a breach. The question is whether one of these steps fell below the standard.
What the consent statute requires
For surgery under general, spinal, or major regional anesthesia, § 31-9-6.1(a) requires disclosure in general terms of six items: the diagnosis, the nature and purpose of the procedure, the material risks, the likelihood of success, practical alternatives, and the prognosis if the procedure is rejected. The material risks listed include infection, allergic reaction, severe loss of blood, loss or loss of function of a limb or organ, paralysis, disfiguring scar, brain damage, cardiac arrest, and death. The statute’s list does not include other items, such as the provider’s experience, and the statute does not apply to procedures done under local anesthesia.
A failure to disclose is not a separate cause of action; it may support a malpractice claim if a reasonably prudent patient, properly informed, would have refused the procedure (§ 31-9-6.1(d)).
Breach is one element of four
Even with a breach, the patient must show causation to a reasonable degree of medical probability (Zwiren v. Thompson, 2003) and actual damages. A breach that caused no lasting harm may not support a claim worth bringing.
Name the stage where it went wrong
Identify the stage where you believe things went wrong: selection, planning, technique, monitoring, or aftercare. That stage tells a reviewing expert where to look in your records.
This article explains Georgia law in general terms. It is not legal advice, and reading it does not create an attorney-client relationship. Deadlines in malpractice cases are short and fact-specific, so talk to a Georgia lawyer about your own situation.
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