What Are Cosmetic Surgery Claims?
As cosmetic surgery becomes more affordable and accessible, an increasing number of patients are undergoing cosmetic procedures to alter their physical appearance and enhance their self-esteem. While many patients gain the confidence they expected from their chosen procedure, unfortunately, some patients are left with physical or emotional scarring after their surgery did not go as planned.
Cosmetic surgery claims can be made if you feel that you have suffered due to the negligent actions of your cosmetic surgeon. Whether the outcome of your surgery was not as expected, or you sustained an injury or illness because of negligent practice, our cosmetic surgery solicitors take every instance of surgical negligence seriously and will do everything they can to get you the compensation you deserve.
What Types of Cosmetic Surgery Can Lead to Negligence Claims?
Cosmetic surgery negligence claims can be made against any kind of cosmetic surgery. Some of the most common cosmetic surgery claims are a result of one of the following procedures:
- Acne Scar Treatment
- Breast Augmentation, Reduction or Uplift
- Cosmetic Dental Surgery
- Eye Surgery, such as Refractive Surgery (laser eye surgery) or Blepharoplasty (eyelid surgery)
- Facelift and Brow Lift
- Gastric Band
- Hair Replacement or Transplant
- Liposuction Surgery
- Pinnaplasty (ear correction, including ear pinning)
- Plastic Surgery
- Rhinoplasty Surgery (nose job)
- Tummy Tuck
While other types of cosmetic procedures could be claimed against if not performed to a reasonable standard, your eligibility could be affected by who is responsible for the cosmetic negligence. Due to the current lack of regulation in the Botox and filler industry, it can be difficult to claim compensation for cosmetic surgery, as practitioners are not held to the same standards as licensed surgeons. While work is being done to achieve regulation in such areas, it is vital to check that your practitioner is registered with the General Medical Council.
What Evidence Do I Need to Make a Cosmetic Surgery Claim?
Before you can make your cosmetic surgery claim, you will need to supply our cosmetic negligence solicitors with relevant evidence that can be used to justify your claim. This evidence could include:
- Proof of causation: This could include any evidence of scarring, infection or any other injuries or illnesses caused by the negligence you suffered.
- Proof of negligent treatment: When a medical professional fails to meet the expected standard of care for their profession, this is known as a breach of duty. This can range from failing to provide adequate information before your procedure, providing a poor surgical performance and inflicting avoidable harm, to prescribing the wrong treatment after your surgery is complete.
The actions of your cosmetic surgeon before your surgery should be placed under as much scrutiny as their performance during and after your procedure. When our cosmetic negligence solicitors are reviewing your case, they will ask you to consider whether your surgeon fulfilled the following duties:
- Taking the time to carefully manage your expectations about your procedure to ensure you are realistic about what can be achieved.
- Advising you about the risks associated with the proposed treatment. Failure to provide this information can sometimes entitle you to cosmetic surgery compensation.
- Sharing the range of surgical options available and advising you on the risks and benefits associated with each so that you could make a fully informed choice about how to proceed.
- Considering whether you need to be referred for psychological assessment before operating.
Failure to properly prepare patients can be used as proof of medical negligence and support their cosmetic surgery compensation claim.
How Do I Make a Cosmetic Surgery Compensation Claim?
If you or a loved one has been subject to cosmetic surgical negligence, it is important to contact a solicitor with experience in cosmetic surgery claims as soon as possible. After providing the evidence you have to support your claim, your cosmetic negligence solicitor will perform their own investigation into why your cosmetic surgery went wrong.
Once your solicitor has all of the information they need, they will be able to calculate the value of your cosmetic negligence claim. The amount of compensation you are owed will cover:
- The cost of your cosmetic surgery.
- The cost of any corrective surgery.
- Any reasonable financial losses, including lost earnings, loss of employment, disadvantage in the employment market, and travel expenses related with your continued treatment.
- Any future treatment, including care expenses and therapy for psychological injuries.
At Medical Solicitors, we understand that when surgery goes wrong, it can leave you feeling upset, confused, or even embarrassed about undergoing your procedure in the first place. In addition to handling your claim, our compassionate team of cosmetic surgery solicitors will provide you with the support you need during this challenging time.
Choose Medical Solicitors to Assist with Your Cosmetic Surgery Claim
With over 30 years of experience and a proven track record assisting with cosmetic surgery claims in England and Wales, Medical Solicitor can ensure that no stone will be left unturned as we strive to secure the maximum amount of compensation. Please refer to our previous cosmetic negligence cases to see how we have helped other patients achieve the compensation they deserve.
In addition to the physical, emotional, and psychological distress caused by surgical negligence, we are well aware of the financial strain that failed cosmetic surgeries can place on individuals and their families. For this reason, Medical Solicitors offers free legal advice and operates on a ‘No Win, No Fee’ basis, so you have nothing to lose financially in speaking to us.
If you or someone you know has been affected by negligence and you need help with the cosmetic surgery claims process, please get in touch with our team of medical negligence professionals to discuss moving forward with your case.
Cosmetic Surgery Claims FAQs
Do I need assistance from specialist cosmetic negligence solicitors?
As cosmetic surgery claims are a highly specialist area, it is essential that you consult a specialist firm of medical negligence solicitors, and not just any law firm. Expert instruction can a cosmetic surgery compensation claim, so Medical Solicitors maintains a register of skilled and knowledgeable medico-legal experts.
How long do I have to make a cosmetic surgery negligence claim?
For medical negligence claims, including those related to cosmetic surgery, 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 essential to initiate your claim as soon as possible.
If you are concerned about the timing of your cosmetic surgery claim, please do not hesitate to contact us today. We do not shy away from claims that are close to or have passed expiry.
Can I make a cosmetic surgery claim if the negligence happened abroad?
Travelling overseas for cosmetic procedures is becoming increasingly common. However, as the standards, training, regulations, and qualifications for cosmetic surgery differ from country to country, it can make it more complicated to claim for cosmetic negligence.
If you received negligent cosmetic surgery outside the UK and you want to make a claim, you will need to seek advice from lawyers local to the country in which your treatment took place.