How To Make Cosmetic Surgery Claims

By Jo Greenwood. Last Updated 11th June 2024. In this guide, we are going to look at cosmetic surgery compensation claims in greater length. A claim for cosmetic surgery and similar procedures can apply to many scenarios.

In addition to surgery, cosmetic procedures can include Botox, teeth whitening, tanning, contouring, and much more. However, the surgical procedures that – when they go wrong – can often have the biggest implications for a patient’s physical and mental health. In this guide, we will explore the aftereffects of cosmetic treatments in which the medical professional may have acted negligently.

Speaking with us directly is the best way to receive accurate guidance that’s tailored to your circumstances. If we think that you could be eligible to claim compensation for cosmetic surgery negligence, then we could connect you with an experienced lawyer who has handled many of these cases before.

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Select A Section:

• What Is Cosmetic Surgery Negligence?
• Examples Of Cosmetic Surgery Failures You Could Claim For
• What To Do If You Have Been A Victim of Cosmetic Surgery Negligence
• The Criteria For Cosmetic Surgery Claims
• Cosmetic Surgery Claims Compensation Payouts
• No Win No Fee Claims For Cosmetic Surgery Negligence
• Make A Claim Today

What Is Cosmetic Surgery Negligence?

Cosmetic surgeries can be risky procedures. As with any elective surgery procedure, there is the potential for the outcome to be viewed as negative. Despite the years of training and the professional qualifications possessed by cosmetic surgeons, accidents can occur. If your surgery proves to be disastrous due to medical negligence, however, you may be able to make a compensation claim.

Elective and cosmetic surgeries performed by private healthcare companies may be less regulated than their public equivalents. There is a litany of potential complications which can arise from an error, the details of which will depend on the surgery in question. A compensation claim, therefore, is designed to recover the costs you have endured. These can be quantifiable amounts, such as lost wages or medical expenses, or more abstract costs, such as compensation for your pain and suffering.

We will cover the various types of damages in greater detail in a later section. If you are considering making a cosmetic surgery compensation claim, our team can advise as to the full extent of the settlement amount you might be able to win.

Examples Of Cosmetic Surgery Failures You Could Claim For

One of the most pressing questions for those who may have a claim for cosmetic surgery regards the reasons why one might seek legal action. There are many different reasons why you might claim cosmetic surgery negligence, which include (but are not limited to):

• Complications that arise due to surgical procedures – any injury you may have sustained because of (or during) the surgical procedure.
• Anaesthesia mistakes – any injuries you may have sustained due to the wrong amount of anaesthetic being given during the operation. This can prove to be fatal in some scenarios.
• General misdiagnosis – when considering cosmetic surgery, a failure to properly diagnose one aspect of a patient’s health can lead to complications during the surgery.
• Cosmetic surgery errors – any injuries or health concerns you sustain due to the poor performance of the cosmetic surgeon.
• Well-being negligence – any injuries that you may have sustained because of poorly administered care before, during, or after the surgery.
• Failure to recommend – if the medical practitioner who performed the surgery did not provide an adequate amount of information before the procedure.

As shown above, there are many reasons for filing cosmetic negligence claims. If you believe your specific circumstances do not match any of the above categories, feel free to discuss the matter with a member of our team for an informed, expert opinion. To learn more about cosmetic surgery compensation claims, please continue reading.

Cosmetic Surgery Claims And Specific Procedures

Below, you can find a list of specific procedures that you could make a cosmetic surgery claim for if they go wrong due to negligence.

• Botox injections
• Breast enlargement
• Breast reduction (female)
• Breast reduction (male)
• Chemical peels
• Dermal fillers
• Ear correction surgery
• Eyelid surgery
• Facelift
• Hair transplant
• Labiaplasty (female genital surgery)
• Laser hair removal
• Liposuction surgery
• Microdermabrasion
• Nose job
• Permanent make-up
• Skin lightening
• Surgical fat transfer
• Tattoo removal
• Tummy tuck

What to Do If You Have Been a Victim of Cosmetic Surgery Negligence?

If you have been the victim of cosmetic surgery negligence, there are several steps you should take before filing a claim. After you feel you have sought the best medical help to rectify any pressing health concerns, we advise that you do the following:

Step 1: Ensure that you have photos of yourself before the cosmetic surgery and photos after the surgery. These photos can be used to demonstrate the extent of the issue and can be useful in situations where the patient has begun to heal before a claim is finalised.

Step 2: Visit another doctor in order to fully understand the implications of your situation. In certain circumstances, cosmetic surgery negligence may cause long-term health issues. Our law firm can arrange an appointment with a local doctor if required.

Step 3: Keep a record of the pain you experience. Inside this journal, you should keep detailed notes regarding how the procedure’s aftermath has affected you. This can be emotional, physical, psychological, and financial accounts of your issues.

Step 4: Discuss the matter with a law firm. Given the complicated nature of medical negligence claims, you may wish to have an expert’s opinion before proceeding.

Following these steps can help establish a solid base of evidence and can be useful when you wish to win cosmetic surgery compensation. If you can bring the above evidence to us, we can arrange for a free legal consultation to provide an expert evaluation of your claim.

The Criteria For Cosmetic Surgery Claims

To be eligible to make a claim for cosmetic surgery compensation, your case will need to meet the following criteria:

•       A medical professional must have owed you a duty of care.
•       They must have breached his duty of care.
•       The breach of the duty of care they owed you must have led to you suffering unnecessary harm.

All medical professionals, including cosmetic surgeons, must ensure that their patients receive the correct standard of care. This is their duty of care. Should a cosmetic surgeon breach their duty of care, this could lead to you suffering unnecessary harm.

However, it is important to note that there may be some instances where you suffer harm, but a medical professional has not breached their duty of care. In this case, you might not be eligible to receive compensation.

You can contact an advisor to ask us further questions about cosmetic surgery claims or to check your eligibility at any time. If they think you have a strong case, they may connect you with one of our solicitors.

What is a Cosmetic Surgery Negligence Claim Time Limit?

It is important to consider the regulations that surround potential compensation claims, including details on how and when you can file. When filing a claim, you have three years from the time of the accident or from the time any health concerns were first diagnosed. After this time, it may not be possible to seek compensation.

There are exceptions for those under the age of 18 at the time of the procedure: A patient usually has three years to file a compensation claim, beginning from the day they turn 18. This makes the age of 21 an effective cut-off point for such cases. Given the reduced number of patients below 18 who undergo cosmetic surgery, this issue is less common than in regular instances of medical negligence.

Cosmetic Surgery Claims Compensation Payouts

Compensation for successful cosmetic surgery claims may possibly be made up of two different payouts. These payouts are known as general and special damages and address different types of impacts you may have suffered.

General damages are the payout that compensates you for the physical and psychological impacts you have suffered due to cosmetic surgery negligence. This payout is always awarded when a claim is successful.

Here are some factors that will be considered during the valuation of this payout:

• Loss of amenity.
• How painful the unnecessary harm you suffered is.
• How long-lasting your symptoms are.

Additionally, during the valuation of this payout, you may be required to attend an independent medical examination so that the extent of your harm can be assessed. The results from this can be referred to alongside the Judicial College Guidelines (JCG).

The JCG is a publication that lists guideline compensation values for various forms of harm.

Guideline Compensation Table

For your guidance only, we have provided a table with compensation values from the JCG for specific forms of harm which could be suffered following negligent cosmetic treatment.

Please only use this table as a guide. This is because all cosmetic surgery compensation claims have unique circumstances.

Special Damages

Special damages are the payout that compensates you for the finances you have lost due to cosmetic surgery negligence. This payout is not always awarded when a claim is successful.

Here are some monetary losses which you could be reimbursed for under this payout:

• Loss of earnings.
• Travel expenses.
• Medical bills.

Receiving a special damages payout helps restore your monetary position to what it was before you suffered cosmetic surgery negligence. To maximise your chance of being awarded special damages, it will really help to keep evidence such as bank statements, payslips, invoices, and receipts.

Contact us for more information on whether you’re eligible to get in touch with a cosmetic surgery solicitor and how much cosmetic surgery compensation could potentially be awarded if your claim is successful.

No Win No Fee Claims For Cosmetic Surgery Negligence

We find that one of the most difficult challenges facing potential claimants is finding the funds to launch a compensation claim. Cosmetic surgery procedures can be expensive in their own right. If a complication has led to additional expenditure and an absence from work, then putting together the funds to hire a legal team of medical negligence experts can be tough.

This is why we offer our services on a ‘No Win No Fee’’ basis. It’s an arrangement that is also known as a Conditional Fee Agreement. This is authorised and regulated by the solicitors that we work with. It allows for those who believe that they are due compensation to claim without the upfront costs, constant fees, and financial risk that are normally associated with hiring legal teams.

If your case is successful, we take a percentage figure of the secured compensation amount. If your case is not successful, we don’t charge you. It’s simple and effective as it helps you gain access to the business’s best cosmetic surgery law.

Make A Claim Today

If you would like to make a claim for cosmetic surgery-affiliated issues, we are the right law firm for you. To call, and speak with a representative, our number is 0800 073 8804.

Alternatively, you can fill out a contact form on our website, and we’ll call you at a suitable time. We look forward to hearing from you.

Learn More About Cosmetic Surgery Compensation Claims

Below, you can find more useufl information and guidance on cosmetic surgery compensation claims:

• NHS Your guide to cosmetic procedures – The NHS on cosmetic surgery procedure, whether you’re having Botox or full cosmetic surgery like a facelift or breast implants, it’s recommended to do your research.
• Pre-Action Protocol for the Resolution of Clinical Disputes – This clinical negligence Protocol is intended to apply to all claims against hospitals, dentists, GPs and other healthcare providers (both private and NHS ) which involve an injury that is alleged to be the result of clinical negligence.
• Medical Negligence – Take a look at our guide to learn more about medical negligence cases, and how we could assist you. Please take a look at our guide to learn more about the agreement.
• No Win No Fee Guide? – Would you like to learn more about No Win No Fee agreements? Please take a look at our guide to learn more.
• Doctor and GP Negligence Guide – We have a specific guide where we discuss GP and Doctor negligence. Why not click the link above to learn more about cases of this nature and how we could help.
• Dental Claims – A guide exploring dental negligence.
• NHS Negligence Claims – A useful guide exploring the compensation you could receive for an incident of NHS negligence.

Further Medical Negligence Guides

• Surgical Error Claims Guide
• Armed Forces Medical Negligence Claims
• Paralysis Medical Negligence Claims
• Breast Reduction Surgery Claims
• Laser Skin Resurfacing Or Rejuvenation Negligence Compensation Claims Guide
• Unnecessary Surgery Complication Claims
• How Is A Cosmetic Injury Claim Calculated?
• £200,000 Compensation For A Knee Replacement
• Dental Negligence Claims
• Tummy Tuck Gone Wrong
• Laser Hair Removal Burns Before And After

Thank you for taking the time to read our guide on cosmetic surgery claims.