Like any other surgery, cosmetic surgery can go wrong. If this was due to negligent maltreatment and you have suffered injuries as a result of this, you may be eligible for compensation.
What is cosmetic surgery?
In recent years cosmetic surgery has become increasingly popular. Its main aim is to improve the aesthetic appearance of an individual.
There are 2 types of procedures: invasive and non-invasive procedures.
- Invasive procedures – These typically include techniques that break the skin, such as face, brow, and body lifts, as well as other surgeries like breast augmentations. These procedures often have a permanent result and are incredibly difficult to reverse if an error is made.
- Non-invasive procedures – These typically include beauty treatments such as Botox, dermal fillers, vein treatment, chemical peels, teeth whitening, and hair removal treatments. These procedures are often temporary, perhaps lasting between six and twelve months, and in some cases – such as dermal fillers – can be reversed. Many people opt for these treatments as they often involve fewer complications and scarring, in addition to benefitting from reduced recovery times and costs.
Compared to other areas of healthcare cosmetic surgery is not as strictly regulated. Like all surgery, cosmetic procedures do come with risk however due to the lack of regulation the risks may be heightened. This means that patients may be more at risk of injury as a result of negligent surgical procedures. When cosmetic surgery has been carried out negligently the effects for the patient can be devastating physically, emotionally and financially.
What effects can negligent cosmetic surgery have?
Often cosmetic procedures are carried out by a registered Doctor or nurse however, as there is little regulation in this area, those carrying out these procedures can sometimes have limited or no medical or specialist training.
Areas within the procedure that were negligent can include:
- The practitioner did not explain all the risks of the surgery or gain informed consent
- Medical errors within the procedure
- Improper techniques and/or treatment
- The practitioner did not provide sufficient aftercare
Negligent incidents that can occur
After having cosmetic surgery, it is important you allow time to recover often this can take months. However, if the surgery was negligent there can be huge impacts on the patient which can be extremely dangerous or even life threatening, which the patient potentially will not naturally recover from. Due to the vast range of negligent incidents that can occur during cosmetic surgery there are many adverse effects that the patient may face. These can include:
- Infection
- Difficulty breathing
- Nose collapse in rhinoplasty
- Heavy bleeding
- Leaking implant
- Blood clots
- Scarring
- Nerve damage leading to numbness and loss of sensation
- Allergic reactions
- Paralysis
- Extensive bruising and swelling
- Loss or reduced sight
- Psychological injuries
Making a claim
The patient who underwent the procedure is able to make the claim. In the incident that the patient died, the executor of the estate or the next of kin/dependents may be able to bring about a claim.
If you would like to make a claim the following conditions must apply:
- The practitioner acted negligently.
- You were harmed or made ill due to their negligence.
You will also need to prove that the negligence directly caused your suffering. This can be provided by evidence such as photos before and after the surgery, witnesses, any materials given to you before the procedure, notes of your financial losses due to the surgery and any medical advice you have been given.
It is also vital that if you have been impacted by negligent cosmetic surgery that you seek medical attention and obtain your medical records. When issuing a claim your solicitor will aid this and can also arrange a medical review to assess the cost of any necessary remedial treatment.
How much compensation can I receive?
All cosmetic surgery claims vary therefore each case will receive a different amount of compensation. This amount is impacted by the specifics of the case such as
- The level of pain caused
- If the injuries were visible or hidden (for example, a facial scar may have a greater impact than scarring from a botched tummy tuck).
- The financial impact of the negligence
Your compensation will come in two forms
- General damages – an award of money for the pain and suffering you have endured as a result of the negligence.
- Special damages – an award of money 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.
Frequently asked questions:
What if I had cosmetic surgery abroad?
Unfortunately, our experienced solicitors can only take on claims about cosmetic surgery completed in the UK.
What if my injury or surgery is not listed?
Do not worry if your injury or procedure is not listed. Our specialists will still be able to advise you based on the specifics of your claim.
Are there Time Limits for Claiming Cosmetic Surgery Compensation?
The Limitation Act 1980 stipulates a 3-year time limit for personal injury claims, requiring swift action for cosmetic surgery claims.
The time limit typically starts on the date of the surgery, but if the injury or illness is diagnosed later, it starts from the date of knowledge.
To provide a medical negligence lawyer enough time to develop a medical negligence claim, you should ideally contact them as soon as possible.
For a free case review and legal advice after botched plastic surgery, contact us right now. On a no-obligation basis, we will examine your claim for cosmetic negligence and offer legal advice regarding your options.
How long will my claim take?
Cosmetic surgery claims fall under clinical negligence claims. These claims tend to take 18 – 24 months due to their complex nature.
Investigations begin by collecting 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.
If the claim goes to court then the claim will take longer.
How will by case be funded?
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.
Why should I choose Oakwood Solicitors Ltd?
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.
Further information:
Oakwood Solicitors: Cosmetic Surgery Claims.
Cosmetic surgery compensation claims.
WHAT TO DO NEXT:
If you have been impacted by negligent cosmetic surgery, get in touch today for a no-obligation consultation.
Choose one of the methods on the right-hand side of this page or call us on 0113 323 2817 to find out how we can help you with your enquiry.
Author: Reeya Lali
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Carol Cook joined Oakwood Solicitors in May 2017 to lead the Medical Negligence Department.
Carol handles a wide range of clinical, cosmetic and dental negligence claims and has years of experi…
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