Cosmetic Surgery Compensation
All cultures, throughout every age, have admired and rewarded beauty. And people, especially women have often gone to extreme lengths to attain beauty.
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Elizabethan women used makeup laced with lead. In the late 1700s, women held elaborate hairstyles in place with lard, which attracted lice and vermin, and Italian women used deadly nightshade as an eye drop to dilate their pupils.
Nowadays, we have cosmetic surgery.
Most cosmetic surgeons are dedicated to the health and welfare of their patients, and practice with care and attention, advising patients fully on the consequences of having cosmetic surgery.
If you have suffered from botched cosmetic surgery, you may be able to make a claim for compensation.
Our firm is committed to providing quality, compassionate advice to clients who have suffered from cosmetic surgery negligence. We understand the pain, embarrassment, and loss of income suffering such an injury can cause.
Scarring, burns, nerve damage, disfigurement, stress, and depression are just some of the complications caused by negligent cosmetic surgery, and we have dealt with many plastic surgery claims in relation to the following procedures:
- Nose jobs (Rhinoplasty)
- Breast implants
- Breast reduction
- Breast uplifting
- Laser eye surgery
- Face lifts (Rhytidectomy)
- Gastric bands
At Tilly Bailey & Irvine, we offer a range of legal services, including plastic surgery negligence claims. Our medical negligence team is led by John Hall. As well as having years of experience running medical negligence claims, John is a panel member of AvMA and a Senior Litigator with the Association of Personal Injury Lawyers.
We understand the impact a bad cosmetic surgery procedure can have on your self-esteem and quality of life. John and his team have won compensation for many people who have suffered from botched plastic surgery procedures, and have a reputation for dealing with such cases in a professional, caring, competent manner.
What is cosmetic surgery negligence?
The Good Medical Practice in Cosmetic Surgery 2014 describes cosmetic surgery as a procedure or other invasive treatment, which may or may not involve breaching the skin, to correct a defect or deformity perceived by the patient, and deemed correctable by the practitioner.
Some cosmetic surgery is performed by the NHS. The rest is done in private clinics.
Like any surgery, cosmetic surgery comes with risks. It is essential that the surgeon performing your procedure explains these risks to you. If they fail to do so, they could be guilty of negligence.
To prove negligence occurred in a cosmetic surgery procedure, you must show:
- the surgeon who performed your procedure owed you a duty of care (this is almost always the case)
- failure of duty in some way
- the failure caused you harm
Proving that a breach occurred can be challenging, and the best chance of a compensation claim being received occurs when a claimant instructs an experienced cosmetic surgery solicitor to manage their case. The test used by judges to establish whether or not a breach of duty occurred was set out in the case of Bolam v Friern Hospital Management Committee (1957). The judge, in this case, held that a doctor must exercise the skill of a competent doctor in accordance with a responsible body of medical opinion who would have acted in the same way when faced with similar circumstances.
If a breach of duty is established our cosmetic surgery compensation team will use evidence from your medical records and the opinion of experts (if required) to show that the surgeon, NHS Trust or private clinic’s negligent act or omission caused you to suffer a personal injury.
No win no fee cosmetic surgery compensation
Our firm understands that those who have suffered injury following bad cosmetic surgery may already be under considerable financial pressure. Therefore, we offer no win, no fee arrangements, (also known as Conditional Fee Arrangements, or CFAs). If we do not succeed in claiming compensation for you, you will not pay any legal fees. We can offer ATE insurance to cover the cost of disbursements. No premium is payable if your claim is unsuccessful.
What to do when cosmetic surgery goes wrong
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
If you have had a cosmetic surgery procedure done and it has gone wrong, there are several steps you can take to help your claim for compensation:
- Contact our experienced cosmetic surgery compensation solicitors as soon as possible. We can quickly establish whether you have a chance of making a successful claim and advise and represent you throughout the claims process.
- Seek medical attention to see what steps can be taken to remedy the damage. You may have to wait until you are fully healed before anything can be done. To be safe, make sure you choose a cosmetic surgeon who belongs to a professional organisation such as The British Association of Aesthetic Plastic Surgeons (BAAPS).
- Get hold of your medical records and write down everything you remember about how your plastic surgery procedure was conducted. For example, were you fully informed of the possible risks of the cosmetic surgery? Were there appropriate after-care procedures in place? Give your solicitor all the information you can to help them establish a strong case on your behalf.
Who is responsible for bad cosmetic surgery?
Generally, if there are complications that are the fault of the surgical team or the way you were treated, then the NHS Trust or private clinic will be responsible for the negligence that occurred and is insured to pay out on such claims.
How to make a cosmetic surgery compensation claim
The key to making a successful claim for botched cosmetic surgery is to contact us as soon as possible. From obtaining your medical records, contacting the NHS or private clinic, instructing expert witnesses through to negotiating a settlement, you can rely on us to expertly advise and robustly represent you.
With our support, you can claim the compensation you need to embark on a rehabilitation program and/or correct the damage that was done due to your negligent cosmetic surgery procedure.
To find out more about how we can advise you on a medical negligence claim, please call us on 0333 3232718 to talk to one of our solicitors.