Cosmetic Surgery Negligence Claims
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?
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
- Liposuction
- Rhinoplasty
- Mentoplasty
- Blepharoplasty
- Otoplasty
- 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?
Physical Injuries
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.
Psychological Damage
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.
Is There a Time Limit for Making 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:
Am I Entitled to a Cosmetic Surgery Claim?
- 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 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
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
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.
Can I Make a Cosmetic Surgery Compensation Claim on Behalf of Someone Else?
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
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?
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.
Call us today on 0800 999 3372 or fill our online form for a free assessment of your claim.
