Cosmetic Surgery Negligence Claims
It may have a glossy image, but cosmetic surgery is medically invasive, and patients should receive the same care and respect due to any patient undergoing a medical procedure. This care includes their pre-surgery consultation, the quality of the surgery itself, and the standard of their postoperative care.
Once considered out of reach all but the most wealthy, cosmetic surgery is now affordable and accessible for many people who are unhappy with their looks. Most operations go as planned, but the risks rise when a patient is having a significant amount of surgery, or they do not research their practitioner thoroughly, trusting that because they look like a professional medical expert that they will act like one.
The Medical Negligence Experts can represent you or your loved one anywhere in the UK, helping you obtain not only the compensation you deserve but the rehabilitation support you need to put the experience behind you and move on with your life. Get in touch today and talk to us about your situation. We offer free legal advice to help you determine whether making an application is appropriate in your circumstances. There is no obligation on your behalf to start a claim, but having the answers to your questions can help you make an informed decision about what to do next.
What is Cosmetic Surgery Negligence?
Cosmetic surgery in the UK is worth an estimated £3.6 billion per year. You would think that, in an industry as prevalent as this and which involves potentially significant alterations to a patient’s body, that there would be strict regulations. Unfortunately for victims of poor surgical treatment and care, that is not the case.
In 2013, the Department of Health recommended the cosmetic procedures that better-protected patients from associated risks. It wasn’t until 2016 that the Royal College of Surgeons published The Professional Standards for Cosmetic Surgery which, together with GMC Guidance for Doctors Who Offer Cosmetic Interventions, sets out acceptable industry practices that aspire to achieve the same high standards expected for any other type of surgery.
Cosmetic procedures cover an enormous array of options from semi-permanent eyebrow or eyeliner tattooing, which can be done in a few hours in a beauty salon, to breast augmentation which requires a surgical team and stay in a hospital.
Types of behaviour which can fall under the definition of cosmetic negligence include:
- Pressuring a client into agreeing to a treatment or surgery.
- Promoting unrealistic expectations about the potential outcome of a treatment.
- Causing burns or scarring.
- Not informing a patient of the risks involved in a procedure.
- Causing injury to organs during an operation.
- Anaesthesia errors.
- Insufficient monitoring and care after an operation.
Cosmetic surgery claims can relate to any cosmetic procedure including rhinoplasty, chemical skin peels, cosmetic dentistry, liposuction, and hair transplants. While these procedures may not always be as successful as the client may hope, negligence is when there is a direct link between poor results and clinical negligence or error.
The effect of cosmetic surgery negligence can be enormous. A botched surgical job can leave a patient feeling even more unhappy with their looks than they were before. In some instances, it may be necessary for them to have additional treatment to rectify the mistake – which carries further risks – but in other cases, they may have to live with disfiguring and painful results forever.
Although the vast majority of practitioners in the UK uphold exceptional standards, you, unfortunately, do not need to look far to find examples of cosmetic surgery misconduct. The General Medical Council (GMC) struck a cosmetic surgeon from the medical register after he caused severe damage to two patients who underwent penis enlargement. The doctor was found guilty of serious professional misconduct for not informing patients of the risks related to their surgery, not obtaining informed consent, carrying out the procedure with inadequate anaesthetic supplies, and being dishonest about the likely outcome of the operation.
Claiming Compensation for Cosmetic Surgery Abroad
Some European countries like Slovakia, Czech Republic, Belgium and Spain, offer an attractive alternative to having cosmetic surgery in the UK, where treatment is some of the most expensive in Europe. Other patients prefer to travel further afield, combining surgery with a holiday recovering in the sunshine of South Africa or Mexico. Where you have your surgery will depend on your options if things go wrong and you need to claim compensation.
Read your contract carefully before agreeing to pay for cosmetic surgery overseas. If there are complications, it is highly unlikely your travel insurance will cover the expense of further surgery or nights in the hospital. If the clinic is not contractually obliged to meet these costs, then you could find yourself spending thousands of pounds more than expected. Some clinics put a jurisdiction clause in their contracts which state that compensation claims must go through their legal process rather than the UK’s. It is still possible to seek compensation for negligent cosmetic surgery abroad, but the process costs more, takes longer, and could leave you with a lower payment that you deserve.
The Medical Negligence Experts can provide legal advice and representation if your injury was caused by cosmetic surgery negligence received if you travelled to another country. Call us today for a free consultation, or contact us online, and we will be happy to assist.
How Can We Help?
The onus is on the claimant to prove the treatment they received was negligent and therefore caused their injury, pain, and distress. The Medical Negligence Experts can help you build the case to show this, so you have the best chance of obtaining compensation to cover any additional expenses you have incurred, such as corrective treatment, as well as loss of income. Compensation payments may also take into account distress caused.
Get in touch today to arrange a free initial consultation. After talking to you about your situation, we will be able to advise whether you have grounds for a legal claim. We provide clients with No Win No Fee* agreements which minimise any financial risk for you and give you the reassurance that your claim has a good chance of success because, if you don’t receive any compensation then you don’t have to pay any legal fees.
No Win No Fee* agreements, also referred to as conditional agreements, typically work in conjunction with an After the Event insurance policy, which pays for the defendant’s legal fees if your claim is unsuccessful. Your lawyer can help with information and advice about this type of coverage if you do not already have insurance under an existing policy.
Claiming Cosmetic Surgery Compensation
We will contact those you believe are responsible for your negligent care and resulting injury or illness. If they accept responsibility, then we will negotiate a fair compensation payment in recognition not only of your pain and suffering, but to cover any financial expenses you have incurred as the result of your injury. These items are referred to as Special Damages and can include costs like lost wages due to you having to take additional time off work to recuperate, prescription costs, and any reasonable additional medical expenses to aid your recovery.
Our goal is for every client to receive maximum compensation without their claim having to go to court, and we will work our hardest to negotiate this outcome for you as well. If the other party refuses to acknowledge their role in your injury, or it is not possible to reach an agreement on what is a fair payment of damages, we may recommend you submit your claim to court where it will be heard by a judge who will make a ruling that is legally binding. Court proceedings can delay the result and be stressful, which is why we work to avoid them, however, when other avenues of negotiation have been exhausted, it may be the best option.
Negligence Claims against the NHS and Private Practices
Although elective surgery is carried out through private cosmetic surgery practices, the NHS does undertake some cosmetic surgery, for example, if a woman is having a breast reconstructed after a mastectomy or a patient with a deviated septum having septoplasty. It is possible to experience negligent treatment under NHS or private care, and The Medical Negligence Experts can represent you in both instances.
Some aspects of the cosmetic treatment industry may be unregulated, but that does not mean you are not entitled to a high standard of care, or that you should be placed at risk of negligent treatment. If you have experienced any unexpected adverse side-effect from a non-cosmetic treatment, our medical negligence solicitors can help you obtain the maximum compensation to which you may be entitled.
Medical Negligence Claim Processing Times
The statutory limit for making a claim for damages is three years from the date of the surgery or treatment or three years from the time your injury was officially linked to the operation. This time limit applies to UK claims and can vary if you had cosmetic surgery overseas. We urge you to talk to The Medical Negligence Experts as soon as possible to make sure you do not miss out on the opportunity to claim compensation.
It does not matter if you are still recovering, are unsure whether you have grounds to claim, or even if making an application for damages is the best option for you, we are still happy to provide free, no-obligation advice to help you understand your options fully.
The processing time will vary depending on several factors including:
- The extent of your injuries and long-term prognosis;
- Whether the other party accepts responsibility;
- How easy it is to obtain the evidence necessary to support your claim;
- Whether your claim can be resolved out of court.
Compensation Payments for Cosmetic Surgery Negligence
Once your solicitor has thoroughly reviewed the events around your request, they will be able to give you an indication of what a fair amount of compensation will be. The value will vary from person to person depending on individual circumstances including how significant any lasting damage is and how it has affected your finances. For example, a model who suffered infection and scarring after a breast augmentation received a higher than average payment as her scarring affected her predicted future earnings.
To be eligible to claim compensation for cosmetic surgery negligence you need to show that:
- You have received a genuine injury; and
- This damage was caused by human or procedural errors and was avoidable.
No surgical procedure is without risk. A court will look to see if your practitioner took all reasonable steps to minimise the chance you could be harmed, and whether or not the likelihood that your experience would be the same in a similar practice. If so, they may decide that as unfortunate as your injury is, it does not warrant payment of damages.
Negligent treatment or care must be present with a resulting injury for your application for payment of compensation to be legally considered.
The Medical Negligence Experts work with reputable solicitors with a history of delivering results for clients. We make sure to match you with a lawyer who has experience of successfully obtaining compensation in cases like yours and who will provide you with a personal level of support throughout the entire process.
We specialise in helping victims of medical negligence and have an exemplary record of providing a high standard of customer service. We have designed our processes to ensure they are as customer friendly as possible, taking steps to make sure you feel comfortable and supported by your legal team. We appreciate this is a difficult time for you, particularly if you are still recovering from your injury, so we do all we can to avoid adding any stress.
There is no cost or obligation to making an enquiry. A quick call will soon have you on the right path to making a successful compensation claim. Phone The Medical Negligence Experts directly or fill in our online form and let us call at a time that suits you.
Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you choose us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Lawyers
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert Cosmetic Surgery Negligence solicitors working for you
We specialise in helping victims of medical negligence claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your Cosmetic Surgery Negligence case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.