Cosmetic Surgery Negligence

The three main types of cosmetic breast surgery are:

• Breast Augmentation (surgery to increase the size of the breast using breast implants or fat transfer)
• Breast mastopexy (Breast Uplift Surgery)
• Reduction mammoplasty (Breast Reduction Surgery)

Each of these procedures have non negligent risks and require a period of recovery. However, there are some results or side effects that could be due to negligence, and these can include:

Breast Augmentation:  

• Inability to breastfeed
• Nerve damage to the nipples
• A ruptured implant
• Obvious abnormal scarring
• Uneven breast implants
• Symmastia – also known as ‘uni-boob’ (implants are placed/move too close together)

Breast Reduction or Lift: 

• Breasts remaining droopy after surgery
• Excessive or inappropriate scarring
• Loss of a nipple
• Asymmetrical breasts and/or nipples

If you have undergone breast surgery and have concerns about the outcome, please contact our dedicated team.

A tummy tuck is an extensive surgical operation and therefore a recovery period of 4 – 6 weeks is to be expected, along with some pain, swelling and discomfort.

However, ongoing symptoms may be as a result of negligence which could mean you are entitled to compensation.

Whilst there are risks to this surgery which can occur as a result of no fault. There are instances were issues can arise due to negligence in performing the surgery or providing the after care.

These can include:

• Excessive scarring
• Incorrect positioning or the loss of the belly button
• Nerve damage
• Persistent swelling
• Skin contour deformity as a result of insufficient removal of excess tissue
• Seroma – collection of fluid around the wound
• Persistent pain in the abdominal area
• Puckering of the skin around the wound

If you have undergone a abdominoplasty and have concerns about the outcome, please contact our dedicated team.

Liposuction is one of the most well-known cosmetic procedure techniques. It can be completed on various parts of the body and involves sucking out small areas of fat.

There are various risks associated with liposuction which you should be informed of prior to surgery including amongst others:

• Seroma – A condition where fluid collects in a pocket under the skin, which can require drainage.
• Infection – Infections can develop after liposuction been performed.
• Numbness – Temporary or permanent change in skin sensation may occur where liposuction has been performed.

These issue can arise when there has been no negligent treatment, however, this is not always the case and if you have suffered any of the above it is best to speak to our expert team.

Once you have undergone liposuction you may be unable to see the full extent of the results until after the initial inflammation has subsided, this can take several months in some cases.

However, signs of negligence once the initial inflammation has subsided can be:

• Poor body shape or contour deformity
• Asymmetrical skin where the procedure was performed.
• Excessive or inappropriate scarring

If you have undergone a liposuction procedure and have concerns about the outcome, please contact our dedicated team.

Blepharoplasty can be performed for either medical or cosmetic purposes. When performed correctly it can make a large positive impact on your life, improving confidence and self-esteem.

After undergoing the surgery a certain level of pain and discomfort to the area the procedure has been conducted on is expected for a number of weeks and in some cases  people may experience itchy or watery eyes.

Unfortunately, some people experience various other symptoms which may be a sign of negligence such as:

• Removal of too much skin, leaving the eyes unable to close.
• Asymmetrical eyelids
• Excessive or inappropriate scarring
• Over-correction of a drooping upper lid, resulting in damage to the cornea
• Blurred or impaired vision
• Blindness

If you have undergone a blepharoplasty and have concerns about the outcome, please contact our dedicated team.

This can be performed for medical or cosmetic reason. This procedure is not without its risks that can occur without negligence.

However, if the procedure is preformed negligently it can result in emotional and physical injuries.

There can be a lengthy recovery period following the procedure and you may not be aware of the issues right away.

However, some of the indication that there may have been negligence during the course of the procedure or recovery are:

• Nasal collapse – where the bridge of the nose caved inwards
• Asymmetrical nostrils or tip of nose
• Deviated septum
• Loss of sense of smell

If you have undergone a rhinoplasty and have concerns about the outcome, please contact one of our dedicated team.

There are various procedures to remove excess skin for cosmetic purposes. These can be to reshape the body and assist with contouring after significant weight loss.

Excess skin removal procedures can include:

• Arm lift (Brachioplasty) – Removal of excess skin on the upper arm
• Breast lift (mastopexy) – Removal of excess skin around the breast
• Facelift (Rhytidectomy) – this involves the removal of skin on the neck which tightens the skin on the face and neck for a younger appearance
• Lower body lift – removal of excess skin and fat from the stomach, bum and outer thighs
• Panniculectomy – The removal of excess skin which hangs below the belly button

Whilst many procedures run smoothly and provide the desired look, negligence can occur from these procedures affecting both physical and mental health.

Signs of negligence may include:

• Excessive of inappropriate scarring
• Asymmetry of the body contouring
• Removal of too much skin causing tightness

If you have undergone a skin removal surgery and have concerns about the outcome please contact our dedicated team.

Veneers have become increasing popular as a dental option over recent years. Veneers are used to improve the appearance of teeth that may have been damaged or stained.

However, the placement of veneers do not come without their own risks. Veneers can become loose or fall off due to non-negligent treatment.

There are many issues that can arise from the fitting of veneers that could be as a result of negligence.

Some of the issues are:

• Damage to the surface of the tooth – the enamel is removed from the front of the tooth to allow the veneer to bond. However, too much of the enamel could be removed causing painful and sensitive teeth
• Poorly fitting veneers – chipping, cracking and misaligned veneers can be as a result of the veneers being placed incorrectly.
• Poor finish to veneers –colour may not match your other teeth or look unnatural.

If you have received veneers and have concerns about the outcome, please contact our dedicated team.

Dental implants are a quite invasive treatment and the procedure is usually completed under local anaesthetic.

A hole is drilled into the jaw bone and the implant is then screwed into the hole. A dental implant remains in place as the jawbone will fuse with the implant.

Given the precise nature of the placement of the implant significant damage can be caused as a result of a negligently prepared or placed implant.

Not everyone is a candidate for an implant and consideration needs to be taken before the treatment option is provided.

A dental implant can be negligently performed as follows:

• Loss or movement of implant
• Perforation of the sinus
• Nerve damage to the chin, lips and face
• Loss of sense of taste
• Damage to other teeth
• Implanted at the wrong angle
• Placing an implant where the patient is not a candidate for the procedure

If you have received veneers and have concerns about the outcome or placement, please contact our dedicated team.

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18^th birthday.

The law surrounding limitation periods is complex. Our specialist team will be able to advise further.

Given the complexities involved in pursuing Clinical Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued. Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion.

We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

It is often difficult to value clinical negligence claims at their outset. Given the complexities involved, however, we will pursue two forms of compensation for you:

• General damages – An award of money for the pain and suffering you have endured as a result of the negligence.
• Special damages – An award for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future.

This list is not exhaustive and is very case specific.

The majority of clinical negligence cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost.

If you are successful in your claim a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand, and aims to allow the claims procedure to be as transparent as possible.

For some examples of successful cases and claim amounts awarded, read the case studies featured here.

For some examples of successful cases and claim amounts awarded, read the case studies featured here.