Cosmetic surgery claims
Cosmetic surgery is a multi-million-pound industry and cosmetic treatments are now more popular than ever. For most, undergoing cosmetic surgery is a positive experience with procedures performed correctly and delivering pleasing results. But unfortunately for some, cosmetic surgery can go wrong and the consequences can be devastating for an individual both physically, psychologically and financially.
At Fletchers Solicitors, we understand how devastating it can be when cosmetic surgery goes wrong. We have over 400 years’ combined experience dealing with cosmetic surgery and medical negligence claims, so our expert team has a wealth of experience seeking compensation for our clients.
If you have had a cosmetic procedure that left you unnecessarily suffering, scarred or psychologically distressed, then you may be entitled to claim compensation.
What is a cosmetic surgery negligence claim?
When you undergo cosmetic surgery, you essentially trust your own personal appearance to a professional individual. But if he or she lets you down, the sense of betrayal is overwhelming.
That’s why our expert team of legal experts are on hand to guide you carefully through the legal process. We handle each case with care and look to secure the compensation and treatment you deserve.
Most cosmetic surgery procedures are performed privately and so any claim for compensation will be pursued against the individual surgeon or practitioner. It is very important therefore that you choose a practitioner or surgeon who is competent and has the necessary expertise and experience to perform the procedure and has appropriate insurance in place. Doctors who carry out cosmetic procedures anywhere in the UK will have been issued with guidance by the General Medical Council to make sure they provide the best possible care for patients. The Royal College of Surgeons has also developed professional standards for all surgeons who perform cosmetic surgery, so make sure you check if your practitioner is aware of these standards.
If you have had cosmetic surgery privately and it goes wrong, it can be difficult to get help on the NHS unless you have a serious complication that results in you needing emergency or life-saving treatment. This means that when private surgery or treatment goes wrong, often patients have to fund the cost of any further surgery to be performed privately and any associated costs. This is especially frustrating when you believe that the initial surgery was performed negligently.
Some cosmetic procedures such as botox and dermal fillers do not involve surgery. Non-surgical treatment consultants and practitioners are surprisingly lacking in formal regulation as you don’t have to be a registered healthcare professional to administer it. However, those conducting the treatment should have certain qualifications and need to follow specific guidelines. Botox is a prescription treatment, and therefore by law needs to be prescribed by a doctor, nurse, dentist or prescribing pharmacist before it is administered by a practitioner. Only when the prescriber is happy should the Botox be administered.
As medical negligence specialists, Fletchers Solicitors have a unique understanding of the personal pain that patients go through when procedures go wrong. A compensation claim for botched cosmetic surgery can go some way to alleviate that pain and personal trauma of surgical negligence, as well as help to cover some of the expenses incurred from additional treatment. We can guide you through this process with experience, expertise, compassion and the best legal minds.
Different types of cosmetic surgery claims
Cosmetic surgery is generally where a person chooses to have an operation, or invasive medical procedure, to change their physical appearance for cosmetic rather than medical reasons. There can also be occasions where a person has cosmetic surgery for medical reasons.
Most cosmetic surgery procedures are completed without complications, however sometimes negligent incidents do occur. Our expert team of cosmetic surgery negligence lawyers have worked with individuals who have undergone:
- Breast enlargement (augmentation mammoplasty), uplifts (mastopexy) and reductions (reduction mammoplasty)
- Nose reshaping surgery (rhinoplasty)
- Eyelid surgery (blepharoplasty)
- Ear surgery (otoplasty)
- Gastric band surgery (bariatric surgery)
- Tummy tuck surgery (abdominoplasty)
- Non-surgical procedures – botox injections, dermal fillers, chemical peels, laser treatment
Medical negligence can occur during cosmetic surgery and procedures if:
- The patient did not receive enough information about the risks of the procedure before making a decision and the surgeon failed to obtain informed consent from the patient
- The surgery or treatment was not performed to a reasonable standard
- The patient did not receive the right aftercare
Cosmetic surgery/treatment abroad
Medical tourism is an increasingly popular industry, thanks to cheaper costs. However, medical negligence claims for cosmetic treatments undergone outside the UK require a different approach, as the law can differ in each country offering cosmetic treatments. If something does go wrong, your entitlement to bring a claim will depend on a number of factors including where you can bring a claim, the time limits for doing so and whether there is even any right to claim any compensation in the country where you had the surgery or treatment.
Is there a time limit on making a cosmetic surgery claim?
As a general rule, medical negligence claims need to be made within three years.
This means you have three years from the date of the operation or procedure, or three years from when you first became aware that there was a problem linked with the surgery or procedure, to issue a medical negligence claim. Therefore, it is very important that you contact a solicitor and seek legal advice as soon as you think that something might have gone wrong.
Provided it can be established that the care given by a surgeon or practitioner fell below an acceptable standard, and so was negligent, a patient is entitled to bring a claim against the surgeon or practitioner.
The amount of compensation you may receive will depend on a number of factors, but would likely include:
- Your pain and suffering including any psychological injury
- The cost of any revision surgery/corrective treatment
- Out of pocket expenses and other costs such as loss of earnings, care, travel costs etc
Whatever the need for cosmetic surgery, whether it’s for personal appearance, reconstruction after an accident or repairing a birth defect, hopes are generally very high for a transforming result. That’s why it’s all the more devastating for the patient if things turn out badly.
At Fletchers Solicitors, we understand how distressing an undesirable result from cosmetic surgery can be, both physically and emotionally. That’s why our specialist team help you make a claim for compensation sensitively and quickly, enabling you to get the justice and treatment you deserve.
Contact us today to find out how we can guide you through the legal process.