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Botox Claims

Home » Personal Legal Services » Medical Negligence » Cosmetic Surgery Claims » Botox Claims

What is Botox?

The botulism neurotoxin comes from a bacteria called Clostridium botulinum. It can cause respiratory failure and can kill. The name ‘Botox’ comes from the word ‘Botulous’ which means ‘Sausage’ in Latin.

It is found in soil, lakes and forests. It can also be found in the intestinal tract of animals, fish and shellfish. A neurotoxin targets the nervous system and prevents the neurons from acting effectively.

Clostridium botulinum

 

Statistics

  • 6 million Botox treatments are given in the USA each year.
  • It paralyses muscles and can be used in the face or other places such as the armpits for excessive sweating, bladder and bowel disorders and migraines.
  • 1 gram of it could kill over a million people and 2kgs could kill all the humans in the world.
  • Cosmetic procedures have increased up 700% since 2000 to 6.3 million in 2013.
  • Botox presently costs £150 to £350 per session which depends how much is used and the strength.

How Does Botox Work?

The toxin can be injected into humans and stops signals from the nerve cells from reaching muscles, which effectively paralyses them.

Botox

 

Injections come under various brand names, such as Dysport, Bocouture, Xeomin, Myobloc and Vistabel. Treatment usually lasts about 4-6 months. After that time period, the lines and wrinkles will reappear and the muscles will start working again.

What is Botox Used For?

It can be used for the following:

Cosmetically

  • To treat wrinkles and fine lines, usually in the face.
  • Crow’s feet.
  • Frown lines between the eyebrows.

Medical conditions such as:

  • Blepharospasm – Spasm of the eyelids.
  • Migraines.
  • Excessive sweating.
  • Cross eyes – Strabismus.
  • Overactive bladder.
  • Neck and shoulder muscle spasms.
  • Post-stroke upper limb spasticity.
  • Hemifacial spasm.
  • Bladder wall muscle overactivity – Urinary incontinence.

It is often used (but is not approved) for:

  • Cerebral palsy.
  • Hay fever – In the form of allergic rhinitis.
  • Achalasia – When it is difficult to swallow.
  • Anal fissure – Dysfunction of the anal sphincter.
  • Oromandibula dystonia – Contraction of the jaw, face or tongue.
  • Laryngeal dystonia – Contraction of the vocal chords.
  • Sialorrha – Production of too much saliva.

Injection

 

How is Botox administered?

The toxin is diluted into saline and then injected straight into the neuromuscular tissue. It normally takes about 24-72 hours for the toxin to take effect. It should not be given to pregnant or breastfeeding women or anyone who has previously had an allergic reaction.

Who should inject people with Botox?

Botox appears to be an easy product to administer. However, not everybody is trained to administer it. If you are looking to have treatment, then a qualified medical professional should undertake it to ensure that the correct amount is given and in the right locations.

If someone does not have the correct training it can lead to muscle dropping, frozen expressions and asymmetrical results.

Are there any side effects?

Most people do not have a side effect to the toxin. However, there are some side effects:

  • Migraines.
  • Nausea.
  • Double vision.
  • Tiredness.
  • Pain, bruising and redness of the injected site.
  • Numbness.
  • Nausea.
  • Paralysis of the local area.
  • Neck weakness.
  • Upper lid or brow drooping.
  • Neck weakness.
  • Brachial plexopathy.
  • Gallbladder dysfunction.
  • Bleeding.
  • Double vision.
  • Rashes.
  • Swelling.

This is not a complete list of side effects and others may occur. Call your doctor for medical advice about side effects.

Botulinum toxin’s popularity continues to increase, with cosmetic minimally-invasive botulinum toxin type A procedures up 700 percent since 2000, to 6.3 million in 2013.

What are the symptoms?

As listed above, there are a variety of symptoms that can manifest from undergoing a Botox procedure. If these symptoms persist, it is advised that they are reported to the practitioner who carried out the procedure and your GP.

Treatment

There is often little treatment that can be offered for the side effects experienced after a Botox procedure.

Long-term Complications Prognosis

Often the side-effect from Botox procedures are temporary. However, even the temporary side-effects explained by practitioners can last 6-12 months following the procedure, and in some cases can be permanent. So far there is limited reach over the long term use of the product.

Since the effects of Botox injections are temporary, most people get repeated injections over time. However, research on long-term efficacy and safety is limited.

It is reported that in cases of repeated Botox injections over a twelve-year period has found the following complications:

  • Difficulty swallowing.
  • Drooping eyelid.
  • Neck weakness.
  • Nausea.
  • Vomiting.
  • Blurred vision.
  • General or marked weakness.
  • Difficulty chewing.
  • Hoarseness.
  • Edema.
  • Difficulty speaking.
  • Heart palpitations.

More research is needed to understand the potential long-term effects.

How Do I Make a Claim?

If you have experienced any of the symptoms, we have listed you should first seek medical advice. If you wish to pursue a claim, we will require details, where possible, of the practitioner or company who carried out the procedure, details of the dates this was undertaken and details of what symptoms you are experiencing.

We would also advise that you report the side effects to the practitioner or company who carried out the procedure. We can then assess the prospects of your claim and look to obtain compensation for the injury.

How Long Will My Case Take to Run?

Given the complexities involved in pursuing Cosmetic 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 cosmetic claims at their outset given the complexities involved. However, we will pursue two forms of compensation for you:

  • Firstly, we will pursue compensation known as general damages. This is an award of money for the pain and suffering you have endured as a result of your injuries.
  • Secondly, we will pursue compensation known as special damages. This is 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.

Oakwood Solicitors Ltd

 

Why Use Oakwood Solicitors to Make Your Cosmetic Case?

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 Cosmetic negligence.

We want to ensure that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and to allow the claims procedure to be as transparent as possible.

How is My Case Funded?

The majority of Cosmetic 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 up front 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.

Charities/Useful Websites

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WHAT TO DO NEXT

If you have experienced issues as the result of cosmetic treatment, 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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