The popularity of cosmetic surgery has surged in recent years, often for aesthetic enhancement or birth defects. However, these procedures can sometimes go wrong, and compensation may be available if a negligent surgeon causes injury.
What constitutes a viable Cosmetic Surgery Claim is explained in this guide.
When Am I Eligible to Make a Cosmetic Surgery Negligence Claim?
Plastic surgery or dermal filler treatment requires a competent practitioner to ensure safety. If you have suffered harm as a result, you may be eligible to claim if:
- The cosmetic surgeon 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, which we explain how to do in a later section.
Was Your Cosmetic Surgery Performed Negligently?
Before cosmetic surgery, your surgeon must conduct a consultation explaining the procedure’s risks and alternative treatments. Consent is obtained through a two-stage process, with a two-week cooling-off period for your decision-making process.
If you did not receive a consultation or decision-making opportunity, you may be compensated for cosmetic surgery gone wrong. If your cosmetic surgery claim is accepted, your solicitor will present your case clearly to ensure full compensation for your suffering.
What Types of Cosmetic Surgery Negligence Could I Claim For?
Cosmetic surgery procedures come with inherent risks that can impact health or appearance. These risks should be explained during the procedure, and even if a waiver is signed, compensation can still be sought.
The list includes popular cosmetic surgery treatments that may result in a compensation claim if performed incorrectly:
- Botox injections.
- Chemical peel.
- Tummy (Abdominoplasty) tucks.
- Plastic surgery.
- Rhinoplasty (nose reshaping).
- Laser skin resurfacing.
- Breast augmentation.
- Ear surgery.
- Cosmetic dentistry.
- Eyelid surgery.
- Liposuction.
If a cosmetic surgeon’s negligence has injured you, seeking medical attention and obtaining medical records for compensation claims is crucial. Your solicitor can also arrange a medical review to assess the cost of any necessary remedial treatment.
Common Procedures Leading to Cosmetic Surgery Claims
A selective list of cosmetic surgery injuries you could potentially claim for are:
- Physical injuries such as scarring.
- Allergic reaction to medication.
- Blood clots.
- Burns injury.
- Psychological injuries such as anxiety and distress.
- Infection (which can result from poor hygiene or improper procedures)
- Nerve damage leading to numbness or loss of sensation.
Do not worry if your injury is not listed. Our specialists will still be able to advise you based on your specific injury.
How much compensation will I receive for my Cosmetic Surgery Claim?
Cosmetic surgery claims do not have a set compensation amount, as details vary significantly. Factors like case details determine the amount of compensation for botched cosmetic surgery.
They include:
- The level of pain caused by your injuries.
- Whether the injuries are visible or hidden (for example, a facial scar may have a greater impact than scarring from a botched tummy tuck).
- How has the negligence affected you financially (for example, have you lost any income or paid for medication to relieve your symptoms?).
Although we cannot confirm an exact amount of compensation you will receive. Your compensation may vary depending on your type of injury:
- £2,080 to £36,720 in compensation for minor facial scarring to significant facial scarring.
- £2,890 to £27,740 compensation for varying degrees of scarring on the body, arms, and legs.
- £1,880 to £23,270 compensation for less severe psychological injury to moderate psychiatric damage.
If your injury is not shown above, please access a compensation calculator.
Frequently asked questions:
What Evidence do I need To Support a Cosmetic Surgery Claim?
A cosmetic surgery negligence claim requires compelling evidence to demonstrate the wrongdoing, the responsible party, and the resulting harm.
Therefore, to help demonstrate what went wrong, who was responsible, and how you have been affected, you could:
- Take photographs of any visible injuries.
- If you have any “before” photos, these can help show changes or issues caused by the surgery, such as unexpected scarring.
- Ask anybody who might have been with you if they would be willing to provide a witness statement.
- Collate any emails, leaflets, or other materials that you were given prior to the cosmetic surgery.
- Report your injuries to the company that performed your treatment (in writing).
- Seek medical advice at a GP surgery, minor injuries unit, or A&E.
- Make a note of any costs or financial losses you have incurred because of the treatment.
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.
Do I Need a Solicitor to File a Cosmetic Surgery Claim?
The cosmetic surgery claims process is crucial as you only have one chance to claim, and a specialist solicitor can significantly improve your chances of success and potentially increase your compensation, as their expertise and legal knowledge can significantly impact your claim.
For many years, our team of skilled solicitors has assisted clients with claims involving cosmetic surgery and personal injuries. They will try to make sure you get paid for all of your suffering if your claim is accepted.
Additionally, they will defend you on a No Win No Fee basis, which means that in the event that the case is unsuccessful, you will not be responsible for paying any solicitor’s fees.
Further Information:
Cosmetic Surgery Claims – How Much Compensation for Negligent Surgery?
Cosmetic Surgery Claims | Oakwood Solicitors
WHAT TO DO NEXT
If you have suffered as a result of negligent cosmetic surgery, get in touch today for a free initial consultation. Choose one of the methods on the right-hand side of this page or call us on 0113 200 9787 to find out how we can help you.
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Nathan Clay obtained his law degree in 1996, then completed the Legal Practice Course at the College of Law, York. He did his training contract at a York Solicitors practice and qualified as a Solicit…
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