Cosmetic Surgery Compensation Claims
We all want to look younger, thinner and more attractive – the best version of ourselves. Cosmetic surgery is one of the most effective ways to achieve dramatic results. Once the domain of Hollywood stars, plastic surgery is now mainstream; accessible and affordable to just about everyone.
With greater demand however comes an increase in cosmetic surgery compensation claims. Unqualified or poorly trained plastic surgeons and clinics determined to make a profit at the expense of patient health are resulting in botched surgeries and ruined lives.
At IBB Solicitors, understand what to do if plastic surgery goes wrong and have a reputation of claiming compensation that cause pain and suffering.
What can I do when cosmetic surgery goes wrong?
At IBB Solicitors we take a interest in protecting people who have suffered from negligence at the hands of cosmetic surgeons.
The first thing to do if you are unhappy with your results is talk to the cosmetic surgeon who performed the procedure. If he or she cannot or will not resolve the problem, then you can report the hospital or clinic to the Care Quality Commission, which is responsible for regulating all healthcare providers in the UK including private and independent clinics.
If you believe your cosmetic surgeon acted negligently, you need to contact an experienced personal injury lawyer to make a claim for compensation. To prove negligence, you will need to prove, on the balance of probabilities, that your plastic surgeon’s standard of care fell below what could be reasonably expected of someone with similar qualifications and experience performing the same operation.
How can cosmetic surgery go wrong?
Unfortunately, there are various ways cosmetic surgery can go wrong. For example, a botched facelift can lead to scarring and nerve damage. Liposuction can result in infections occurring and breast implants can leak or burst.
Dire consequences for patients can occur when they select an unlicensed or unregulated cosmetic surgeon. And disturbingly, a 2014 investigation by the Sunday Times found that doctors struck off the medical register for risking patient safety were still treating hundreds of patients in cosmetic clinics across the UK.
It is little wonder the cosmetic surgery industry has been dubbed the ‘Wild West’ of medicine.
Disasters can also occur when surgeon’s fail to fully explain the possible complications that could result from a procedure. For example, breast enlargement (one of the most common types of cosmetic procedure in the UK), can result in a loss of breast and nipple sensation and breast pain. Risks associated with rhinoplasty include nosebleeds, ruptured blood vessels and numbness.
If the risks of a procedure are not properly explained to you before you sign the consent form, then your cosmetic surgeon could be found guilty of negligence.
What are the most common issues with cosmetic surgery?
The most common issues caused by negligent plastic surgery procedures include:
- Nerve damage
- Deep Vein Thrombosis
- Organ damage
- Anaesthesia complications
- General dissatisfaction with appearance
- Blood loss
Another risk is that a less than ethical cosmetic surgeon will perform a procedure on you that is not needed or could cause you emotional harm. Cosmetic surgeons have an ethical duty to consider a patient’s psychological needs when assessing their suitability for a particular procedure. They also owe a duty to take the patients age and maturity into consideration. Before consenting to a procedure, you should be given time to reflect if it is right for you, having received all the information regarding risks and possible side-effects.
What can I claim compensation for?
You can claim compensation for the physical and mental damage you have suffered if your plastic surgery procedure goes wrong. This can help pay for rehabilitation, corrective surgery and counselling you may require because of your cosmetic surgeon’s negligence.
If you need time off work for further medical appointments and/or treatment, compensation can help pay the bills while you recover.
What information will I need to make a cosmetic surgery claim for compensation?
We will access your medical records and engage any experts we need to prove that cosmetic surgery caused you pain and suffering. If you require an independent medical assessment, we will arrange this. Throughout this process, your solicitor will provide his or her full support. We pride ourselves on our client care and attention to detail. You can be confident that we will keep you updated on the progress of your case and you will be provided with the direct phone number and email of your lawyer.
What do I need to do to make the claim?
Contact us as soon as possible and we will take care of everything for you. From obtaining your medical records, contacting the NHS or private clinic, instructing expert witnesses through to negotiating settlement, you can rely on us to make your claim for negligence during your plastic surgery claim as simple and stress-free as possible.
What is the process of making a claim?
Firstly, you need to instruct an experienced personal injury lawyer, who will listen to your case and establish whether or not you have grounds to make a claim of negligence. The team at IBB Solicitors can assist you with evaluating whether or not you have a chance of successfully claiming compensation.
Your solicitor will build the case for negligence and then write to the NHS Trust or cosmetic surgery clinic responsible for your surgery, stating that you are making a claim for surgical negligence (this is known as the Pre-action Protocol).
The defendant will have 90 days to conduct its own investigation into the matter, and either concede that there was negligence or challenge the claim. If the claim is challenged, we will issue court proceedings as soon as possible.
How long with the process take?
It depends on the complexity of your case and the extent of your injuries. Claims are settled within about 18-24 months.
Will I have to go to court?
If the claim is to be defended, then your solicitor will file proceedings in court. In the vast majority of cases, claims are settled before the court date. At IBB Solicitors, we understand how traumatic and stressful attending court is for victims of botched cosmetic surgery. Therefore, we strive to obtain a settlement outside of formal litigation. If you are required to attend court, we will provide you with a full range of support and guidance.
How much will it cost to make a claim?
At IBB Solicitors we provide ‘conditional fee arrangements’, otherwise known as ‘no win, no fee’. This means that if your claim is unsuccessful, you will not have to pay any legal fees to our solicitors.
Because we are shouldering the risk of your claim, you can therefore feel confident that we believe it has a reasonable chance of success.
By instructing IBB to manage your claim for compensation caused by cosmetic surgery negligence, you can be confident that you have the best possible chance of success. We will expertly guide you through the process, providing you with support as and when you require it.
If early settlement is not possible, you can be assured that we will robustly fight your claim, protecting your interests and obtaining the compensation you deserve.
We believe the price of beauty should not be high. Cosmetic surgeons who are negligent, unlicensed, performing unnecessary procedures or pressurise patients into making snap decisions should be held to account. Their victims should not be left to suffer in pain and silence. We strive to ensure you have a voice and can obtain justice.
If you would like further information on making a compensation claim for cosmetic surgery negligence, please call our office on 0333 323 1637.