Cosmetic Surgery Negligence Claims
Cosmetic procedures are done to enhance appearance, display an individual’s glossy appeal and make them feel better about themselves. However, cosmetic surgeries done in the UK are invasive; as a result, patients are entitled to the same standard of care due to those who undergo medical procedures. While many cosmetic surgery patients are happy with the outcome, the industry – a multi-million-pound business – remains one of the least regulated in the country.
Once an exclusive of the wealthy and famous, cosmetic procedures can now be accessed by many today. Many people are thrilled by the idea of being able to change something they are unhappy about. Sadly, the under-regulation means that some surgeons may decide to handle procedures that they lack the capacity to perform, exposing many patients to the risk of harm. If you or a loved one has had a botched cosmetic surgery due to negligence, you may be entitled to cosmetic surgery compensation.
This guide discusses what constitutes cosmetic surgery claims, what can be included in your claim, how to proceed with a claim, and how much you can expect for negligent cosmetic surgery.
What is Cosmetic Surgery Negligence?
This refers to surgery performed without the necessary care or skill, resulting in physical or psychological harm. There is always some level of risk with any cosmetic surgery; despite years of training and experience, cosmetic surgeons can still make mistakes. However, if you have had a botched surgical procedure due to negligent treatment, and this can be proven, then you may be able to pursue cosmetic surgery claims.
Cosmetic surgery negligence may include:
- Failing to inform a patient of the risks involved in a procedure;
- Putting a patient under pressure to accept a particular procedure;
- Anaesthetic errors;
- Promising unrealistic results about a procedure;
- Inadequate monitoring and care post-operation;
- Injuries as a result of retention of foreign items.
Cosmetic surgery claims our specialist solicitors can help you make include:
- Breast implant
- Skin resurfacing
- Cosmetic dentistry
- Laser surgery
The impact of cosmetic negligence can be massive. A botched process can leave the patient even sadder with their appearance than they were prior to the surgery. In some cases, further treatment may be required to correct the error; and even these revision procedures come with their own risks. In other cases, a patient may have to live with the painful outcome of the botched surgery.
What Can I Claim Cosmetic Surgery Compensation For?
If it can be proven that your health professional has acted negligently when treating you, then compensation can be claimed for:
The physical impact of cosmetic surgery negligence can be significant. Compensation awards for burns or scarring to the face or other visible parts of the body are significantly high. You may also be entitled to compensation if you have suffered nerve damage or secondary infection due to inadequate safety procedures.
If your mental health, self esteem and confidence have suffered severely as a result of a negligent surgical procedure, you may be able to make a claim.
Cost of Further Treatment
If your condition requires corrective procedures, the cost of treatment can be included in your cosmetic surgery claim.
Am I Entitled to a Cosmetic Surgery Claim?
All medical professionals – including cosmetic surgeons – owe their patients a duty of care. This means that these medical practitioners have a legal responsibility to take reasonable steps to protect the health and well being of those under their care. To be entitled to a surgery negligence compensation claim, you must be able to show that:
- You have suffered an injury
- Your injury was avoidable and a result of negligent treatment.
It is important to note that you may not be entitled to a claim simply because you are unhappy with the outcome of your cosmetic surgery. There is a difference between your being unsatisfied and actual medical negligence. A court will determine whether your health professional took all reasonable steps to reduce the risk of an injury. They will also determine whether other medical professionals with same knowledge, skill-set and experience would have acted differently under similar circumstances.
If you are unsure whether you are entitled to a cosmetic surgery compensation claim, it is best that you seek the support of medical negligence solicitors who specialize in handling these kinds of claims.
How Much Compensation Can I Claim for Cosmetic Surgery Negligence?
The compensation amount you can claim will depend on:
- The nature and severity of your injury, and
- The impact of the injury on your life.
If you have been a victim of negligent cosmetic treatment, you might be entitled to make cosmetic surgery claims for:
General damages cover the direct impact of medical negligence – the pain, suffering and loss of amenity endured by the claimant. It refers to intangible, non-economic compensation awarded based on the severity of the injury suffered by the victim.
Special damages cover the out of pocket expenses incurred due to negligence. Examples of special damages include cost of corrective procedures, travel costs (for injury related appointments) and cost of care.
Calculating compensation amounts for special damages can be pretty straightforward, as they are tangible, economic losses. However, calculating intangible compensation for the direct effects of negligence, such as psychological damage, can be complex. This is why you need the support of a specialist cosmetic surgery claims solicitor who will assess the level of damage caused, and build a strong case on your behalf to secure maximum compensation.
Is There a Time Limit for Making Cosmetic Surgery Claims?
There is a statutory time limit for starting cosmetic surgery claims:
- Three years from the date of the actual negligent treatment, or;
- Three years from the date you became aware that your injury was due to negligence.
The exception to this three-year time limit applies if the claimant was under the age of 18 at the time of the incident; in this case, they will have three years from their 18th birthday to start a claim. However, this exception is unlikely, as only very few persons under 18 undergo cosmetic procedures.
If you are unsure whether you are within the time limit for pursuing cosmetic surgery claims, we will be happy to offer a free, no obligation consultation to help you make an informed decision. It is important that you get in touch with us as early as possible so you do not run out of time. What’s more, starting your claim early also means there is easier access to supporting evidence relevant to your case.
Other factors that affect the duration of a cosmetic injury claims process include:
- The nature and severity of your injury Whether the other party accepts or denies liability
- Whether the other party accepts or denies liability
- Ease of access to supporting evidence
- Whether an out of court settlement can be reached.
Can I Make a Cosmetic Surgery Compensation Claim on Behalf of Someone Else?
Yes. If a spouse or family member has suffered an injury due to cosmetic surgery negligence, and they are unable to start a claim on their own, then you can pursue a cosmetic surgery compensation claim on their behalf. This also applies if a patient has died as a result of negligent treatment. To prove your eligibility for making a claim on behalf of your loved one, you would have to provide evidence of your relationship with them.
If you are considering making cosmetic surgery claims on behalf of someone else, get in touch with our specialist solicitors to guide you on the steps to take.
No Win No Fee Cosmetic Surgery Claims
Cosmetic surgeries are typically expensive, so it can be very difficult for you if you have suffered injuries and require further treatment after a cosmetic procedure. Our aim is to take this pressure off you by offering a No Win No Fee agreement. This means you would incur no financial risk when pursuing a cosmetic surgery compensation claim.
At the start of your case, our cosmetic surgery claims solicitors will discuss available funding options with you, and advise you on the most suitable for your claim. If we think your claim will be best supported via a No Win No Fee agreement, we will provide a detailed explanation of the process to you. Under this arrangement, you wouldn’t have to worry about the upfront costs and fees associated with hiring a solicitor for your claim.
Simply put, you wouldn’t pay a penny if your case is unsuccessful. However, if your claim is successful, a small percentage (0-25%) of your compensation will be deducted. In any case, you will not suffer the negative financial impact of pursuing a compensation claim.
Why Choose Us?
Nhsnegligenceclaim.com works with a panel of specialist solicitors with a proven track record of delivering results for victims of cosmetic surgery negligence. With our nationwide network, we will be able to match you with solicitors who are not only knowledgeable and experienced, but have achieved success in cases similar to yours. They will provide you with personalized support throughout the claims process.
Contact us today to arrange for a free initial consultation. We understand how difficult a time this is for you, especially if you are yet to fully recover from your injury. Therefore, you can rely on us to make the process as hassle-free as possible for you.
Q: What things should I consider before having cosmetic surgery or treatment?
First, the most important for you is to find a qualified cosmetic surgeon. You should choose to work with a surgeon that specialises in the type of surgery you want to have, as there are lots of incompetent doctors out there. Other important factors you must consider include other non-surgical options, your overall health, the level of risk involved, the amount of time required for recovery and the overall cost of the surgery.
Q: In what types of cases can I bring a cosmetic surgery claim?
Our specialist medical negligence solicitors specialise in a wide range of cosmetic surgery procedures and treatments, including dermal fillers, breast augmentation, botox treatments, abdominoplasty, rhinoplasty, blepharoplasty, laser treatments, liposuction and gastric band operations. The effects of cosmetic surgery negligence can be life-changing and may require further invasive procedures to correct the problem. Our solicitors consider each case on an individual basis and will support you no matter the nature of your cosmetic surgery injury.