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Cosmetic Surgery

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    The experts in Cosmetic Surgery Claims

    Oakwood Solicitors Ltd’s specialist Medical Negligence department has an in-house team of solicitors and legal professionals dedicated solely to this area of law.

    With over 30 years of combined experience, we are dedicated to assisting clients who have suffered physically, mentally, and financially as a result of negligent medical treatment. The specialist team pursues an array of medical negligence claims ranging from prescription errors and misdiagnosis to complex birthing injury and spinal claims and everything else in between.

    What is cosmetic surgery?

    Cosmetic surgery embodies a range of invasive and non-invasive procedures, which aim to improve the overall aesthetic appearance of an individual. Cosmetic surgery is not as strictly regulated as other areas of healthcare.

    This means that patients may be more at risk of injury as a result of negligent surgical procedures. When surgery does go wrong the consequences for the patient can be devastating physically, emotionally and financially.

    • 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.

    What injuries are caused because of cosmetic surgery?

    There is a wide range of injuries and adverse reactions that may result from cosmetic procedures. Some of the most commonly found associated with the non-invasive procedures include:

    • Allergic reactions
    • Paralysis
    • Extensive bruising and/or swelling
    • Loss or reduced sight
    • Psychological impact

    Often these 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 have limited or no medical or specialist training.

    Those adverse reactions associated with more invasive procedures can be life-threatening. It may be that surgery has been carried out incorrectly and negligently, or the product used in good faith is found to be dangerous.

    Often these findings can come too late for many who have already undergone the procedure, such as breast augmentation if it is found that the implant used is not fit for purpose and prone to leaking some time after the operation. These procedures should always be carried out by a registered doctor or surgeon.

    Who does it affect?

    The adverse effects of cosmetic surgery can affect anyone. When undergoing these procedures, the practitioner should always explain the risks involved. These risks may be that the outcome may not be as expected, or that there are inherent risks associated with the product or procedure.

    In invasive procedures, this information should be obtained via consultation and should be explained in depth before any further steps are taken.

    Those who are found to be more at risk than others should have this explained fully to them, and in some cases, the practitioner may refuse to carry out the procedure if the risk is considered too dangerous.

    In non-invasive procedures, again the adverse effects can affect anyone. Although it is not a requirement, we would always advocate that consent only be obtained once all the risks have been explained. The practitioner should always explain fully and administer the product with care and skill.

    What kinds of procedures are covered?

    If a mistake was made during your cosmetic surgery treatment, you may be able to claim compensation for your injuries and losses.

    Our experienced solicitors can take on most types of cosmetic surgery completed in the UK including:

    • Facelift claims
    • Breast augmentation claims
    • Liposuction claims
    • Nose job claims
    • Eyelid surgery claims
    • Tummy tuck claims
    • Loose skin removal claims
    • Laser eye surgery claims
    • Cosmetic dentistry claims
    • Brow lift claims
    • Ear surgery claims
    • Vulval surgery claims
    • BBL Claims
    Frequently Asked Questions

    Who can bring about a claim?

    The patient who has been affected may be able to bring about a claim. However, it can also sadly be the case that the patient has passed as a result of the disease. In such instances, the executor of the estate or the next of kin/dependents may be able to bring about a claim.

    Our specialist team will be able to discuss whether you have a right to bring about a claim, so if you or a loved one has been affected do not hesitate to contact us.

    Can I make a claim?

    It may be that the results were not what you were expecting nor discussed or agreed in the consultation, or you were not properly advised about the risks of an undesirable outcome.

    Cosmetic procedures are supposed to make you feel better and leave you feeling more confident.

    If the clinician or surgeon has been negligent, you could be left with painful, long-term, or even permanent injuries or disfigurements. In some situations, there could have been additional complications resulting in significant adverse effects on your confidence and appearance.

    If you’ve had cosmetic surgery and you believe that the procedure went wrong, we understand that you may be left suffering physical and emotional pain.

    How long will my case take to run?

    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.

    How much is my claim worth?

    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 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.

    How is my case 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.

    Case Studies

    We have compiled a variety of case studies from previously resolved matters here on our website.

    Please note that all cases are unique. Due to individual circumstances you can never compare even two seemingly identical cases and expect the same results in either outcome or award.

    What do I do now?

    If you believe or feel you have a claim, contact us for a free no-obligation consultation regarding your options:

    Carol Cook
    Carol Cook — Head of Medical Negligence Department

    Carol joined Oakwood Solicitors in May 2017 to lead the Medical Negligence department. She handles a wide range of Clinical and Dental Negligence claims and has a specialist interest in Birth Injuries.

    Carol has years of experience in handling complex clinical and Dental Negligence claims securing substantial amounts of damages for her clients. Carol studied her law degree (LLB honours) at Salford University.

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