Can I Sue a Cosmetic Plastic Surgeon for Negligence?
If you are looking to sue a plastic surgeon for medical negligence, this article details all you need to know.
Cosmetic surgery is simply a surgery done in order to alter your physical appearance. For some, it may mean redesigning the contours of the body and shape, smoothing wrinkles, or eliminating balding areas. Others may opt for varicose vein treatment or breast augmentation. There are a number of cosmetic surgery procedures that men and women can choose from to create an image that makes them feel more confident and comfortable with their physical appearance.
There have been some very interesting statistical figures on cosmetic surgery in the UK now. Cosmetic surgery case studies have been numerous in the UK in recent years, as has been bad cosmetic surgery results.
Research reveals that over 43,000 UK citizens undergo cosmetic surgery every year. Statistics further spreads that figure across different age distributions, thus revealing that:
- 91% of cosmetic surgeries are performed on women
- Around 25%91% of cosmetic surgeries are performed on women of cosmetic surgeries are performed on 55 plus years old
- Almost 20% of cosmetic surgeries are performed on 30-39 years old
- Less than 5% of cosmetic surgeries are performed on 20-29 years old
- Around 1% of cosmetic surgeries are performed on 13-19 years old
Given this representation, cases of medical negligence occur rather frequently. Moreover, cases of medical errors caused by hospital negligence or GP negligence cost $29 billion or more in the United Kingdom each year, leading to 100,000 deaths in hospitals. Other records show that 40,000 women in the United Kingdom had faulty implants fitted while 1,500 patients have items left in their bodies each year during surgery.
Undergoing cosmetic surgery can be very stressful and daunting for a lot of individuals. This can only be made worse for those affected if something goes wrong due to their doctor's negligence.
If you or your loved one is a victim of medical negligence due to bad cosmetic surgery, our medical negligence solicitors are willing and ready to help you receive due compensation by making a medical negligence claim on your behalf.
What is Plastic Surgery?
Plastic surgery is a surgical specialty involving the restoration, reconstruction, or alteration of the facial and body tissues defects caused by illness, trauma, or birth disorders. Plastic surgery helps to restore and improve appearance, as well as function.
In other words, it involves the change, alteration or enhancement of any of the physical parts of a human body.
The most common plastic surgery procedures today:
The most common plastic surgery procedures in the World today are divided into cosmetic and reconstructive procedures. They are outlined below:
- Rejuvenation of face using laser, injectable fillers, and Botox
- Facelift surgery
- Breast surgery
- Craniofacial surgery
- Palate surgery and cleft lip
- Reconstruction of burnt tissues
- Reconstruction of damaged and severed limbs, including hand surgery
- Reconstruction of patients after tumor removal
As with any surgery, plastic surgery has its own benefits, possible complications and probability of risk occurrence. We shall quickly take you through a summarized plastic surgery pros and cons list.
- A lot of people who suffer from low self-esteem build up confidence when the outlook of their face has been altered for the better.
- Studies have revealed that people who undergo cosmetic surgery and have a boost in confidence also have better relationships with their partners and with other people. Most believe that it is because they aren’t so worried about how people will see them and therefore, they feel less judged.
- Those who use plastic surgery for medical reasons may find that the surgery was the solution to their problems. One of the most common examples is a lift in the eyes and around the forehead in order to reduce eye pain and headaches.
- Plastic surgery is reportedly one of the highest costs of fur surgery there is. In most cases, unless you can prove a medical need for the surgery, your insurance won’t cover the procedure and you may end up spending a lot of money.
- There is always a risk of possible complications during a plastic surgery, as with any surgery. Muscle and tissue damage, scarring, and infections are all complications that can possibly happen when you have surgery.
- Depending on the extent of your surgery, you may be left with scars, numbness or even a worse situation. For those who have implants through cosmetic surgery, you risk your body rejecting the implant and having to have the implant removed in another surgery.
Now that we know what plastic surgery is all about, its pros and cons, let's look into plastic surgery malpractice and see if you can sue a plastic surgeon that has victimized you.
What is plastic surgery malpractice?
Medical malpractice is a situation that occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be a result of errors in diagnosis, treatment, aftercare or health management.
Now, plastic surgery negligence refers to a type of clinical and medical negligence which occurs when an individual is subjected to receiving incorrect treatment, delayed treatment or substandard treatment by a surgeon or other medical professional.
Plastic surgery negligence claims
Cosmetic surgery claim is available to anyone who, due to negligence from their healthcare provider, suffered cosmetic injury. Claims in favour of the aforementioned can land you a handsome compensation, if backed up with substantial evidence.
If you or your loved one has experienced this terrible act of medical negligence, you are qualified to seek compensation for any loss you may have incurred.
Our cosmetic surgery solicitors have helped so many victims to claim compensation for such negligence. Contact us today to help you scale your medical claim.
What are some examples of plastic surgery compensation claims?
Compensation claims for plastic surgery negligence cases can take several forms. Our cosmetic surgery solicitors have a vast experience in this area and deal with very serious cases such as:
- Conducting unnecessary surgery due to misdiagnosis.
- Misinterpretation of x-rays.
- Leaving surgical instruments inside the body of a patient following a procedure.
- Cutting or damaging nearby tissues or body organs while carrying out a procedure.
- Failure to correct any damage caused during a procedure either at the time or during recovery.
- Accidentally severing or cutting vital blood vessels or nerves.
- Carrying out the wrong procedure than was expected.
- Conducting the surgery on the wrong part of the patient's body.
- Removing healthy body tissues or organs inappropriately.
- Failing to fully explain all of the risks and dangers of a procedure before carrying out such, which is referred to as a lack of informed consent.
The above errors can lead to a number of severe complications ranging from infection to death, and can cause serious psychological damage as a result of the physical injury sustained.
Can I sue a plastic surgeon?
'Can you sue for bad cosmetic surgery?', 'can you sue if surgery goes wrong?', 'can you sue for a bad surgery?', 'can I sue for botched cosmetic surgery?'
These and many more are the questions you may be asking if you recently underwent plastic surgery and the outcome was not what was expected. In a situation like this, your plastic surgeon must be held accountable.
You can sue a plastic surgeon if their treatment of you resulted in any kind of injury. However, you can also sue a plastic surgeon for medical malpractice if you are simply not happy with the outcome of the surgery. Even though 'breach of contract' and 'breach of warranty' usually applies to business situations and customer products, you may be able to sue a plastic surgeon for either.
Can you sue a doctor for bad botox?
Botox has become a quite popular cosmetic treatment to reduce the appearance of facial wrinkles. Some doctors prescribe Botox injections to treat migraine headache as well as excessive underarm sweating. Some even use it to treat limb spasticity in children with cerebral palsy. Unfortunately, some patients experience serious side effects after Botox injections, while some have suffered severe injuries due to negligence from their healthcare provider.
If you have suffered a botox injury and believe it was due to negligence, then you may be eligible to make a botox injury claim.
How do I sue a cosmetic surgeon?
In order to successfully file a lawsuit against a cosmetic surgeon, you must be able to prove, beyond reasonable doubt that:
- The doctor had a duty to the patient
- The doctor breached that duty by acting negligently or by failing to act at all
- An injury was sustained during or after the procedure
- The injury is a result of the breach.
This goes to show the importance of gathering evidence. Without evidence to prove the above, you may not stand a chance of getting cosmetic surgery compensation. If you do not know how to go about gathering evidence or if your cosmetic surgeon has blatantly refused to provide some necessary details (that may serve as evidence) our cosmetic surgery solicitors can help. Contact us today for a free no obligation case evaluation and we will discuss all the intricacies of your case.
Can you get a refund for bad plastic surgery?
Absolutely! You can be refunded for an operation gone wrong. Claim that you have been mistreated by your doctor, providing solid evidence, and you will be compensated for what you have lost, both economically and non-economically.
Nevertheless, there is an exception to this. If pre-operation, you signed an agreement with your doctor which stipulates that the amount paid is non-refundable, this agreement could be perceived as being unconscionable and against public policy. Hence, a refund will not be made.
If such an agreement does not exist and you are able to furnish evidence beyond reasonable doubt, you need to understand that usually, if it has been over six years since you paid for the treatment, you cannot claim compensation. The general rule is that you have to bring a claim within six years from the day of the incident.
No win no fee claims
A no win no fee agreement, also known as a conditional fee agreement, means that if your compensation claim is unsuccessful, you will not have to pay a contingency fee for your lawyer’s services.
In a no win no fee agreement, our medical negligence solicitors will take out an insurance policy on your behalf before starting your case to cover any costs incurred during the medical negligence claim. These costs could include court fees, medical reports and other sundry expenses. Our team of medical experts will ensure that you will not face any hidden charges or bills for payments incurred during the compensation claim process.
Only 25% of the total compensation recovered will be required of you to pay as a success fee upon the successful claim of your compensation.
How much compensation can I receive for Cosmetic surgery?
Medical negligence incidents may be similar in some aspects but not two are the same. The nature and severity of individual medical negligence case - in this case cosmetic surgery negligence- goes a long way in determining compensation amounts.
If you want to know what your cosmetic surgery claims compensation cost, our medical negligence solicitors can use our cosmetic surgery calculator to draw up an estimated value of your claim. This will help you make a better informed decision, whether or not your claim is worth pursuing.
Contact us today to speak with one of our experts.
Is it hard to sue a plastic surgeon?
Cosmetic surgeons can be sued for malpractice like any doctor, but the elective nature of cosmetic surgery makes it more difficult for plaintiffs to bring legal claims successfully.
As much as there are obvious challenges in winning these types of lawsuits, they are not impossible to overcome, as many have filed and won lawsuits against plastic surgeons on numerous occasions.
What can you sue a plastic surgeon for?
In order to prove that medical malpractice occurred, you must be able to show all of these things:
- A Doctor-Patient Relationship Existed.
- The Doctor Was Negligent.
- The Doctor's Negligence Caused the Injury.
- The Injury Led to Specific Damages.
- Failure to Diagnose.
- Improper Treatment.
- Failure to Warn a Patient of Known Risks.
Can I sue a plastic surgeon for botched cosmetic surgery?
A botched cosmetic surgery lawsuit would fall under the medical malpractice category. Medical malpractice suits are filed when a doctor, nurse, or other healthcare professional acts in a negligent way. This means he or she either acts in a way that indicates negligence or fails to act in a responsible manner towards the patient.
So, yes, you can sue a plastic surgeon for botched cosmetic surgery.
Can you sue a plastic surgeon for infection?
Sometimes, a surgical infection is caused by a mistake the doctor made during surgery, or is caused by unsanitary or unsafe conditions in the hospital or medical facility where the surgery took place. In such instances, you may be able to hold the doctor, hospital or other medical care provider responsible for what happened to you.
How much do plastic surgeons earn in UK?
Questions such as this and 'how much do plastic surgeon nurses make?' have been asked frequently. The average pay for a Plastic Surgeon is £297,091 a year and £143 an hour in London, United Kingdom.
As of Oct 29, 2021, the average annual pay for a Plastic Surgery RN in the United States is $74,090 a year.
Just in case you need a simple salary calculator, that works out to be approximately $35.62 an hour. This is the equivalent of $1,425/week or $6,174/month.
How can we help?
If you are willing to sue a plastic surgeon for medical negligence, we will provide you with expert medical negligence solicitors (or NHS negligence solicitors, as in the case of an NHS claim) who will readily lift the burden off of you and handle your claims professionally until your rightful compensation is paid.
Not forgetting our cosmetic surgery solicitors operate no win no fee agreement which has numerous advantages.