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Claiming for Cosmetic Surgery Injuries

What is cosmetic procedure negligence?

Many cosmetic treatments involve an invasive form of surgery, either with needles, scalpels and other complex medical equipment. If a mistake happens during the surgery, this can leave you with lifelong injuries that can be devastating. If this has happened to you, you may be able to make a compensation claim.

Amongst the most common treatments offered by clinics all over the UK are the following:

If you’ve experienced an injury or other complications following your surgery that was not expected and it was caused by a poor standard of treatment, care or an accident (including procedures not listed above) then you may have been the victim of cosmetic surgery negligence. We can help you reclaim compensation for the physical and psychological damage caused.

The risk of cosmetic surgery

Cosmetic surgery is popular among both men and women and, with that, more practitioners are able to carry out light or heavy cosmetic procedures. Many people think that because cosmetic surgery is easily available that there are no risks involved, which is untrue. In fact, more people are at risk of botched cosmetic surgery than ever before.

While cosmetic surgeons do owe all patients a standard of care, the industry is not as heavily regulated as other healthcare providers such as the NHS.

If you’ve had a cosmetic procedure that has left you injured, you are likely to be able to make a no win no fee claim. You can speak to a trained legal adviser for free on 0800 234 6438 to discuss your situation – with absolutely no pressure to make a claim if you do not wish to.

Types of cosmetic surgery injuries

Botched cosmetic surgery can be particularly devastating because the majority of patients go through it to improve their appearance and self-confidence. When it goes wrong, it has the opposite effect and can sometimes even leave you with lifelong injuries.

Cosmetic surgery mistakes can lead to constant pain alongside trauma. This can impact how you go about your everyday life, as well as how you feel about yourself.

Serious injuries and conditions that have resulted from cosmetic surgery include:

You may even have suffered psychological injuries following cosmetic surgery, such as Post Traumatic Stress Disorder. If you’ve suffered in this way as a direct result of a cosmetic procedure, we can help you claim damages for psychological harm.

DID YOU KNOW: According to the British Association of Aesthetic Plastic Surgeons, there were 28,347 cosmetic surgeries carried out in 2018, a similar number compared to 2017.

Compensation for cosmetic surgery injuries

Whether you’re able to claim depends on a number of factors, including the nature and extent of your injuries and whether somebody else was to blame. Part of this is factoring in how long it’s likely to take for you to fully recover, and whether your injuries will continue to impact your life and work prospects into the future. This makes telling you over the phone how much you’re likely to receive in compensation difficult.

However, your solicitor will be experienced at handling cases similar to yours and makes a commitment to negotiate the maximum amount of compensation you could receive on your behalf. To do this they include additional expenses such as travel costs, hotel costs for family, and the future impact on your earnings, alongside the compensation you deserve for your type and severity of injury. Included in your compensation is also payment for any lost wages and savings you’ve spent.

While the amount of money you receive can’t repair the damage it can help you with any corrective treatment and rehabilitation costs you may need. Your solicitor will be able to tell you what you can expect throughout your case, and will negotiate on your behalf.

Botched cosmetic surgery abroad

Going abroad for cosmetic surgery is often a cheaper alternative than in the UK. It’s not uncommon for individuals to save large amounts of money by having their cosmetic procedure done in another country and enjoying a well-deserved holiday and recuperation at the same time.

However, the standards and regulation of cosmetic surgery abroad may not always be as thorough as in the UK, and some procedures in foreign clinics may not be regulated at all. However, you still expect the surgery to be safe and correct, and that your doctor does not breach their duty of care to you.

If you’ve had cosmetic surgery abroad, we recommend checking the terms of your contract with the clinic as they may state that any claims must go through its domestic legal process and not in the UK. Either way, we still recommend getting in contact for free advice as a solicitor may still be able to help you take the next steps.

Evidence to help your claim

The more information you’re able to give to your solicitor, the more likely it is that your cosmetic surgery claim will be successful. While your solicitor will work to prove your case, you can help by making sure you keep all the paperwork related to your surgery. This may include:

Any of these will help your solicitor to prove that your consent may not have been informed and that there may have been additional risks you were not made aware of.

Your solicitor will also obtain your medical records (with your permission) and carry out various checks as to whether the hospital or clinic was licensed to perform the cosmetic surgery at all. You’ll also need to have a non-invasive medical assessment, which will be organised for free and by your solicitor.

Details of any witnesses, such as nurses and anyone else assisting in your treatment will be helpful too – however, we know it’s not always easy to access that information or there may not have been any witnesses.

Making a successful claim

Your solicitor will be there to see you through every step of the claims process, meaning you don’t need to feel anxious about filling out the right paperwork or pushing your own claim forward.

As part of your solicitor’s role they’ll gather all the evidence needed to prove that negligent cosmetic surgery has taken place. This includes proving that the treatment you received was below the standard you might reasonably expect, and that this negligence resulted in you suffering personal injury.

If you’ve undergone a cosmetic surgery treatment and are unhappy with the results, then call a trained legal adviser on 0800 234 6438 or submit the online claim form. The trained adviser will be able to tell you if it sounds like you’ve been the victim of negligence and if you have, they’ll pass you on to an injury solicitor who will work as long and as hard as they can get you the compensation you deserve.

About the Author

Nicola Laver LLB

Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.

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If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.