Cosmetic Surgery Claims How Much Compensation Can I Claim For Negligence? JY January update 2021
The British Association of Aesthetic Plastic Surgeons has released data that suggests close to 30,000 cosmetic surgeries were completed in 2016. For the past decade, this number has been consistently rising. At the same time, the rise in cosmetic surgery claims UK courts have awarded has also risen. If you have undergone such an operation and suffered an accident as the result, you may be able to claim cosmetic surgery negligence.
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, it is the surgical procedures which – 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 surgeries in which the medical professional may have acted in a negligent manner.
Select a section:
- A guide to cosmetic surgery negligence claims.
- What is a cosmetic surgery negligence claim?
- Is cosmetic surgery negligence common?
- What different reasons for a cosmetic surgery negligence claims are there?
- Are there different types of cosmetic surgery negligence claims?
- What to do if you have been a victim of cosmetic surgery negligence?
- What is a cosmetic surgery negligence claim time limit?
- Claiming for cosmetic surgery negligence for another person.
- How to begin a cosmetic surgery negligence claim.
- What can be claimed for due to cosmetic surgery negligence?
- How much compensation will I get for a cosmetic surgery negligence claim?
- How long does a cosmetic surgery negligence claim take?
- No win no fee cosmetic surgery negligence claims.
- Why choose us as your claims service for a cosmetic surgery negligence claim?
- Call for free advice and to start a claim.
In this guide, you will find all the necessary information needed to file a claim against your plastic surgeon or cosmetic surgeon. If plastic surgery goes wrong and negligence can be demonstrated, then you may be able to win compensation to help with your recovery.
Attempting to deal with the aftermath of cosmetic surgery can be difficult. If something has gone wrong, then this difficulty can be increased exponentially. There may be physical, emotional, and psychological implications following such an event. If negligence in any capacity can be legally demonstrated, then you may have a case for claiming compensation. At various points in this guide, we will discuss the legal implications of cosmetic surgery negligence, how to claim compensation, and possible payout amounts you may receive.
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 and will 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 that 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 a claim following cosmetic surgery, then our team can advise as to the full extent of the settlement amount you might be able to win.
As part of a wider trend in medical negligence cases, compensation claims resulting from medical negligence are increasing. Though cosmetic surgery negligence UK statistics are unavailable, there has been an 80% increase in all medical negligence cases between the years 2008 and 2013. With the number of cosmetic surgery procedures performed in this time period also increasing, it is likely that compensation claims have risen in line with the wider trend.
There may be many reasons for cosmetic surgery claims becoming more common. The fact that the procedure is elective, the fewer regulations which govern the industry, and a disparity between the various training levels of staff at different facilities could all contribute to the growing number of compensation claims.
If you believe that you may have a claim for cosmetic surgery related compensation, then you should discuss the matter with a lawyer at the first available opportunity.
Can You suffer from Cosmetic Surgery negative psychological effects?
If the cosmetic surgery has gone wrong it can really affect the victims psychologically and when claiming compensation, psychological injuries can also be claimed as well as the general damages for the clinical negligence claim.
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 make a claim for 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 as a result of 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.
There are four main types of medical negligence claim. When discussing cosmetic surgeries, it is common to apply these broader terms. The four categories are:
- Contributory negligence – in this scenario, the victim will be viewed as the person responsible for their injuries or health concerns. In this case, no compensation will be awarded.
- Comparative negligence – in this scenario, the victim will also be adjudged to hold some responsibility for their injury. However, they will be partially held responsible and a degree of blame will also be attributed to the medical practitioner. As such, a portion of the settlement amount may be awarded.
- Vicarious liability – in this scenario, it will be considered institutional negligence. This means that, if the surgery was performed in a private hospital, then it will be the private hospital that may be considered liable. Accordingly, it will be the organisation that pays for plastic surgery negligence claims.
- Gross negligence – In this scenario, the negligence will be held by the medical practitioner. As a medical practitioner, they are obligated to maintain the welfare of their patients. Gross negligence suggests that they have failed in this regard and the patient’s health has suffered as a consequence. In plastic surgery negligence cases and medical claims involving gross negligence, it is likely that the license of the medical practitioner will be revoked.
Some Popular cosmetic surgery services that you can claim compensation for.
Breast reduction (female)
Breast reduction (male)
Ear correction surgery
Labiaplasty (female genital surgery)
Laser hair removal
Surgical fat transfer
One of the first steps in evaluating a potential claim for cosmetic surgery will be deciding which of the four categories it best fits into and determining how this will affect the likely outcome.
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 in order to rectify any pressing health concerns, we advise that you do the following:
Step 1: Make sure 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 medical journal documenting the pain you experience. Inside this journal, you should keep detailed notes regarding the way in which the aftermath of the procedure has affected you. These 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 you proceed.
Following these steps can help establish a solid base of evidence and can be useful when you wish to win compensation. If you are able to bring the above evidence to us, we can arrange for a free legal consultation to provide an expert evaluation of your claim.
It is important to consider the regulations which surround potential compensation claims, including details on how and when you are able to 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 has three years to file a 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 the age of 18 who undergo cosmetic surgery, this issue is less common than in regular instances of medical negligence.
It is possible to make a claim for another person who has suffered cosmetic surgery negligence. It is also possible to file a claim for someone who died as a result of cosmetic surgery. If a member of your family, a spouse, or a civil partner has been involved in a negligent surgery, then you are able to claim on their behalf. You will require the documentation to prove your relationship to the affected party. Taking this to a solicitor can help with establishing the claim.
In addition to gathering evidence and researching your claim for cosmetic surgery, knowing how and when to begin a claim can be difficult. For those with no experience in the legal trade, even the handling of the paperwork can seem confusing. This is why we recommend that potential claimants seek professional assistance in order to begin a claim.
This is also why we offer a no-obligation consultancy session, free of charge. Once this is arranged, you will be able to show us your evidence and we can provide a considered opinion as to whether you have a legitimate claim. If you do, then we can provide advice on how to move forward with the claim and potential settlement amounts you might receive. We can also begin with the filing of the paperwork, with further fact-finding, and with arranging for you to meet with a local doctor for a full evaluation. With the right legal assistance, beginning a claim is much easier.
In seeking compensation for complications arising from cosmetic surgery, there are many expenses that you can include as part of your claim. Rather than a single lump sum, it is these factors that are considered when deciding on a final settlement total. They include:
- General damages – this covers the injury, illnesses, and other health concerns that may have resulted from the cosmetic surgery procedure.
- Care claim – this covers any additional care which may have been required following the surgery, such as a live-in carer or nurse, and the costs of hiring such a person.
- Loss of earnings – this covers the wages which may have been lost (both recently and in the future) as a result of health concerns not allowing you to work as before.
- Travel Expenses – this includes any trips you may have to take to see a specialist to help alleviate your pain; travel expenses such as train fares and petrol costs can be included.
- Medical Expenses – this covers costs such as private healthcare, elective surgeries, medicine, and equipment needed as a result of your issue.
There are many ways in which you can be compensated during a claim for. Speaking to a solicitor can help you discover exactly what you are owed.
The amount you can claim for cosmetic surgery will be directly influenced by the severity of the injury or health concern you have suffered. Listed below is a detailed outline of some of the injuries you may have sustained and a rough indication of what you can hope to be awarded in your cosmetic surgery compensation claims.
|Very severe scarring||£27,940 to £91,350|
|Less severe scarring||£16,860 to £45,440|
|Significant scarring||£8,550 to £28,240|
|Less significant scarring||£3,710 to £12,900|
|Trivial scarring||£1,600 to £3,310|
|Multiple and/or noticeable scars||£7,350 to £21,330|
|Single noticeable scar or multiple minor scars.||£2,220 to £7,350|
As shown above, compensation can vary. Though your injury may not be listed above, it can provide some indication of the extent to which the severity of the health concern can influence the eventual settlement amount.
Most personal injury claims are resolved in the space of a few months, less than a year. However, if there is a degree of complexity to the case, if there is much evidence to gather and analyze, or if the party the claim is being made against defends themselves, the claim period could last for a year or more.
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 can be tough.
This is why we offer our services on a ‘No Win No Fee’’ basis. It’s an arrangement that is also called a Conditional Fee Agreement and 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 simply take a percentage figure of the settlement amount. If your case is not successful, we don’t charge you. It’s a simple and effective approach that helps you gain access to the best lawyers in the business.
We offer an array of benefits for every potential client. We pride ourselves on our high success rate, our expertise, and our integrity. But most of all we pride ourselves on our relationship with our clients. We want to reduce the stress and complications that can often surround medical claims. As well as our expertise, we can also offer:
- Highly qualified representatives who will work tirelessly on your behalf.
- A team of people who care deeply about your welfare.
- A free, no obligation legal consultation to help establish your claim.
- A ‘No Win No Fee’ approach reduces the financial risk of a claim.
- The ability to arrange a meeting with a doctor local to you, getting a full diagnosis of the extent of your injury or health concern.
There are many, many ways in which we can help you win your case. Get in touch with us today to discover what we can do for you.
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.
The NHS on cosmetic surgery procedure, whether you’re having Botox or full cosmetic surgery like a face lift or breast implants, it’s recommended to do your research.
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.