What are cosmetic surgery claims?
Seeking compensation in a cosmetic surgery claim is not something most people think about when placing their trust in a cosmetic surgeon.
Patients seeking cosmetic surgery usually go into it with an excited and positive attitude, expecting to feel better afterwards. They expect that their chosen procedure will enhance their appearance and boost their confidence. Unfortunately, this is not always the case, and sometimes, procedures can go wrong.
A cosmetic surgery claim can be made if you feel you have suffered after a cosmetic surgery procedure. This may be the result of your surgeon acting in a negligent way, if you sustained an injury or illness because of negligence, or if the outcome of your surgery was not as expected.
The Medical Solicitors team is well-versed in all kinds of cosmetic negligence claims cases with, with over 30 years of experience in the area of practice. If you have been negatively impacted by cosmetic surgery that you have undergone and wish to make a claim, please get in touch with our team.
What types of cosmetic surgery can lead to claims?
It’s possible to make a cosmetic surgery negligence claim against any kind of cosmetic surgery. Some of the most common cosmetic surgery claims are a result of one of the following procedures:
- Plastic surgery
- Breast augmentation, breast reduction or breast uplift
- Rhinoplasty or septorhinoplasty (nose job)
- Pinnaplasty (ear correction including ear pinning)
- Eye surgery, such as laser eye surgery (also known as refractive surgery) or blepharoplasty (eyelid surgery)
- Gastric band
- Liposuction
- Facelift and brow lift
- Tummy tucky
- Hair replacement or transplant
- Cosmetic dental surgery
Other types of cosmetic procedures may be actionable if not performed to a reasonable standard. However, presently, for example, the botox and fillers industry is not regulated, so a claim may depend on who has done the procedure and what insurance cover they have. There is work going on currently (2024) to achieve regulation in such areas.
How do I make a cosmetic surgery compensation claim?
If surgery goes wrong and you haven’t received the outcome you expected, then this can be very confusing, upsetting, or even embarrassing. We advise contacting a solicitor who is experienced in cosmetic surgery claims as soon as possible. Our friendly team at Medical Solicitors can help you, or your loved one, to get:
- Answers about why your cosmetic surgery went wrong.
- A refund for the money you paid.
- Compensation for additional costs associated with future treatment required to put matters right.
- Compensation for other things, such as psychological injury, scarring, and reasonable financial losses, including lost earnings, loss of job, disadvantage in the employment market, additional travel expenses, and costs of care from family and friends.
In fact, you can claim for any reasonable loss in your cosmetic surgery claim that is proven to be caused by the negligent care you received. The value of your medical claim will vary based on the severity of your negligent treatment and the level of impact this has had to your quality of life.
To make your cosmetic surgery claim, you will need:
- Proof of negligent treatment. Also known as breach of duty, this means the medical professional acted below the expected standard for their profession.
- Proof of causation, evidence you were injured or fell ill because of the negligence you suffered.
A specialist clinical negligence solicitor can advise you as to whether you have a case on the above issues.
Can I make a cosmetic surgery claim if the negligence happened abroad?
Travelling overseas for cosmetic procedures is very common. However, it’s important to note that the standards, training, regulations, and qualifications for cosmetic surgery differ from country to country.
If you received negligent cosmetic surgery outside the UK, you may still be able to make a claim. However, you will need to seek advice from lawyers local to the country in which your treatment took place.
Is it necessary to instruct specialist clinical negligence solicitors?
As cosmetic surgery claims are a highly specialist area, it is essential that you consult a specialist firm of medical solicitors, and not just any law firm. At Medical Solicitors, we maintain a register of skilled and knowledgeable medico-legal experts. Instruction of the right expert can make or break a compensation claim.
Please refer to our guide for more information about complaining about medical treatment. You can also see examples of our successful previous work in cosmetic surgery claims to see how we have helped other patients achieve the compensation they deserve.
How long do I have to make a cosmetic surgery negligence claim?
For medical negligence claims, including cosmetic surgery claims, there is a time limit for issuing Court proceedings. Generally speaking, the medical claims time limit is three years from the date of your negligent treatment or from the date you realised you had suffered negligent treatment. This is why it is important to start actioning your claim as soon as possible.
If you are worried about timings for your cosmetic surgery claim, please do get in touch. We do not shy away from claims that are close to or have passed expiry.
Receiving advice from your cosmetic surgeon
Before your cosmetic surgery, it is your surgeon’s duty to:
- Take the time to carefully manage your expectations to ensure you are realistic about what can be achieved.
- Advise you about the risks associated with the proposed treatment. Failure to advise of a risk can sometimes entitle you to compensation.
- Share the range of options available to you and provide advice on the risks and benefits associated with each so you can make a fully informed choice about how you wish to proceed.
- Consider whether you need to be referred for psychological assessment before operating.
Failure to properly prepare a patient can be used as proof of medical negligence and support your cosmetic surgery compensation claim. Before the procedure, you should also check if the surgeon is registered and has a certificate to perform the desired surgery.
How do I check if my cosmetic surgeon is registered?
When choosing who will provide your cosmetic surgery, it is vital to check whether the medical professional is a registered doctor or surgeon using the General Medical Council’s online register.
The register will show you if your practitioner has a certificate of cosmetic surgery from the Royal College of Surgeons. The certificate indicates that the doctor or surgeon has met a national cosmetic surgery standard following assessments.
Only registered doctors and surgeons can perform cosmetic surgery in England.
Why choose Medical Solicitors to assist your cosmetic surgery claim?
At Medical Solicitors, we understand that negligence because of cosmetic surgery can be physically, emotionally, and psychologically difficult for those affected. We also appreciate the financial implications of failed cosmetic surgeries on individuals and families.
With over 30 years of experience and a proven track record assisting with cosmetic surgery claims in England and Wales, we’ll ensure no stone is left unturned and do our best to bring a successful compensation claim. We offer FREE legal advice and, in most cases, a ‘No Win, No Fee’ Agreement, so you have nothing to lose financially in speaking to us.
If you or someone you know has been affected, please get in touch with our team of medical negligence professionals to discuss moving forward with your case.
