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How Is A Cosmetic Injury Claim Calculated?

By Cat Soong. Updated 19th April 2022. In this article, we discuss what you can do if a plastic surgeon or beauty therapist was negligent and performed a procedure that went wrong. You can learn more about starting a cosmetic injury claim and seeking damages for a botched job in our guide below.

How is a cosmetic injury claim calculated guide

How is a cosmetic injury claim calculated guide

Compensation claims must be based on fact. It is not sufficient to ‘feel’ that the doctor or beauty therapist may have delivered substandard care to you. All procedures carry an inherent risk of not going as planned and not every issue can be reasonably blamed on the person treating you. However, mistakes do happen and if you have proof that your cosmetic procedure caused avoidable harm, speak to our team to see how we could help:

  • Call us on 0800 073 8804
  • Email or write to us at Legal Expert
  • Speak to our online advice ‘live support’ team in the box below

Select A Section

  1. A Guide On Cosmetic Injury Claims
  2. What Is A Negligent Cosmetic Procedure Injury?
  3. Common Types Of Cosmetic Procedures And Treatments
  4. Negligent Cosmetic Surgery Procedures
  5. Plastic Surgery Risk Factors
  6. Treatment Of Chemical Burns
  7. Negligence In Beauty Salon Treatments
  8. Non-Surgical Cosmetic Injury Procedure Risks
  9. Cosmetic Injury Claims Calculator
  10. Damages For Common Expenses
  11. No Win No Fee Cosmetic Injury Claims
  12. Start Your Cosmetic Injury Claim
  13. Learn More
  14. Cosmetic Injury Claim FAQs

A Guide On Cosmetic Injury Claims

Cosmetic surgery is a big step. When we submit to procedures such as breast surgery, implants or reductions, we do so on the understanding that the person treating us is qualified and experienced in what they are doing. We may research our surgeons carefully and ensure that they are properly certified and licensed to perform such procedures.

When any procedure goes wrong it’s important to differentiate between medical negligence and the risks of the procedure. We explain the correct basis for medical negligence claims and how damages can be calculated using proof of physical and financial harm caused.

In conclusion, we look at the benefits of using a No Win No Fee agreement with a solicitor. Working with legal representation in this way can offer you a fast and professional option at no upfront cost to start a case for compensation against the liable practitioner. Simply by following their advice on what to retain and use as evidence, you could see any final settlement greatly increase.

What Is A Negligent Cosmetic Procedure Injury?

Clinical negligence is when a medically trained physician does not perform within the standards of their profession causing harm that could have been avoided.

Obviously, a procedure such as breast implants, botox or liposuction all carries risks as does any medical surgery needed for treating an injury or illness. For suffering caused by a risk of surgery that was pre-explained, there would be no valid reason to make a claim as medical negligence has not occurred.

However, it is part of the clinician’s duty of care to you as their patient to take every possible precaution. Risks must be fully explained beforehand and the level of treatment must meet minimum standards. Therefore, if your breast implant surgery went wrong as a result of negligence, you could be eligible to make breast implant claims.

The General Medical Council regulates registered doctors. To practice medicine, all doctors must be registered with the GMC. The Medical Act 1983, established the GMC as the statutory body.

Failure to be registered or to deliver the approved standard of care as set by the GMC could mean they are liable for any injury you incurred because of negligence on their part. Furthermore, the British Association of Aesthetic Plastic Surgeons (BAAPS) is an organization committed to educating and advancing surgical skills in this area.

Common Types Of Cosmetic Procedures And Treatments

Cosmetic procedures have never been so popular. The explosion of social media seems to have made certain surgical beauty treatments more desirable and accessible to people. As a result, more companies and individuals are offering to provide these services. With this in mind, before anyone considers having any form of invasive cosmetic surgery they should check that the practitioner is qualified and registered.

Clients can arrange for everything from a tattooed eyebrow to a breast reduction and accessibility to these procedures is now commonplace. Botox parties have become popular, but it can be unclear as to whether the person administering the facial injections is qualified to do this. Or perhaps, more importantly, qualified to know what to do if something goes wrong.

To learn more about cosmetic surgery claims, contact our advisors today. They can provide more information on lip filler claims, breast implant claims, and other cosmetic procedure claims.

Negligent Cosmetic Surgery Procedures

It’s essential that certain steps are taken before, during and after a client has consented to a cosmetic or plastic surgery procedure. Any relevant medical history has to be considered as past surgeries or treatments may have a bearing on what you are having done. Negligence could start here if the clinician fails to properly assess your suitability for a particular treatment. There are some common cosmetic procedures available:

  • Breast surgery (enlargement / reduction)
  • Laser eye surgery to correct vision
  • Rhinoplasty (nose job)
  • Ear, eye, brow surgery or lifts (facelifts)
  • Tummy tuck
  • Chemical peel and skin treatments
  • Botox and derma filler
  • Breast augmentation (either reduction or enlargement)
  • Penis enlargement surgery

Any of these procedures can go wrong with inexperienced or untrained staff. Breast implants can be the wrong size or material, causing serious illness. Botox injections can paralyse the face if administered incorrectly. A ‘tummy tuck’ or abdominoplasty can injure internal organs. Even the simple act of styling hair can go wrong if the client suffers an allergic reaction.

It is really important that no matter what procedure you are having done, it is done by a qualified, registered practitioner. The standard of care should never fall below what is expected as this can allow for harm that could have been avoided. If this has impacted you, our team can explain how to start a cosmetic injury claim. You may be owed compensation.

Plastic Surgery Risk Factors

Plastic surgery is surgery nonetheless. The hope, of course, is that you will notice an improvement. With the proper surgical procedures and aftercare, many clients and patients are very happy with the results. But when plastic surgery goes wrong the consequences can be life-long and irreversible. The regret and horror of mistakes like this can leave people traumatised and psychologically scarred as well.

In addition to the disappointment, misery and aggravation caused by botched cosmetic procedures, there could be disfigurement and disability. It may be that you were not adequately warned or consulted about the risks before the procedure?

Perhaps a defective product was used in your treatment, (this can be the case with faulty breast implants) or you just did not receive the correct aftercare? Infection can be a very real risk. Because of this, plastic surgery procedures require exactly the same level of expertise as any non-elective medical surgery. Ask yourself:

  • How experienced was the clinician?
  • Did you understand everything the clinician said?
  • Was there a plan for your aftercare?
  • Were alternatives or remedial steps discussed?
  • What does my signed contract with the private clinic state?

There may always be a margin of risk with medical or beauty procedures. Assessing those risks together is part of the duty of care of the clinic offering the service. If the person who administered your plastic surgery was negligent, they may be liable for compensation to you in a cosmetic injury claim. Talk to our team to learn more about breast implant claims and other cosmetic procedure claims.

Disclaimers

In addition to the laws that all medical professionals are obliged to comply with, you may well have entered into an additional contract with the beauty salon or cosmetic surgeon. It’s essential that you read the full terms and conditions of this contract.

Treatment Of Chemical Burns

Chemical burns can be a common problem in both hairdressers and other beauty procedures. They can be caused by allergic reactions or faulty products.

Proper skin tests and consultations should always be conducted before anything potentially hazardous comes into contact with you. There are some common causes of chemical burn incidents:

  • Hair treatments that contain caustic chemicals
  • Suntan products that contain sodium hydroxide
  • Depilatories (hair removal creams) containing sodium hydroxide
  • Hair-styling products also containing hydrogen peroxide
  • Any products containing ammonia

In doing patch tests, professionals who follow these guidelines ensure that you are less likely to suffer a chemical burn. Those who do not are placing you directly at risk. Burn compensation claims against either a beauty salon or a freelance hairdresser may be pursued for harm caused by negligence. Call our team today to find out if you can claim for plastic surgery.

Negligence In Beauty Salon Treatments

Anyone who administers beauty treatments had a duty of care under the Occupiers Liability Act 1957. Whether you will make a medical negligence claim or a personal injury claim will be determined by whether the person who carried out the procedure was medically trained or not.

Procedures such as botox or derma fillers can cause a reaction. A badly handled chemical face peel can cause serious burns on the face of someone when the procedure is carried out wrongly.

To hold a valid claim for cosmetic surgery negligence compensation you would need to provide evidence that proves that the treatment you received was below that of industry standards and that the harm you suffered was caused by this negligence.

Non-Surgical Cosmetic Injury Procedure Risks

Some cosmetic beauty treatments are less invasive. That does not imply that they are less damaging if incorrectly performed. For example:

  • Tattoo-ed make-up
  • Botox injections
  • Chemical face peels
  • Laser hair removal

Can all cause serious issues, burns and other problems that the client needs to be aware of beforehand. Non-surgical problems can still require long heal times and the emotional effects of plastic surgery and other treatments that go wrong can be devastating.

All treatments should be fully and clearly explained. Any exemptions or disclaimers in the contract between you and the provider need to be clear. The products used need to be appropriate for that purpose and fully approved.

Any short-cut or disregard of client health and well-being could come back on to that clinician, so it’s in their best interests to avoid you receiving care that falls below the minimum standard. Failure to uphold the minimum standard of care could lead to cosmetic surgery claims being made following harm caused by medical negligence.

To find out more about starting a cosmetic injury claim against a beautician or clinic if they failed in their delivery of the promised treatment speak to our team. Our team of expert advisors and cosmetic surgery solicitors can help you deal with the emotional effects of plastic surgery that has gone wrong by helping you claim compensation.

Cosmetic Injury Claims Calculator

When you approach the calculation of a cosmetic injury claim, it may not always be obvious what you could claim damages for. Very often you will be invited to an independent medical assessment. Here an expert can then deliver an opinion of the kind of suffering you have been caused and whether this will continue into the future. Your solicitor will refer to a publication called the Judicial College Guidelines to see what award brackets are appropriate. The chart below gives an idea:

injuryseverityJCG award bracketnotes
Facial disfigurement(a) very severe scarring£27,940 to £91,350in young claimants where the cosmetic impact is particularly distressing
Facial disfigurement(b) less severe scarring£16,860 to £45,440substantial scarring and significant emotional damage
Facial disfigurement(c) significant scarring£8,550 to £28,240worst effects reduced by plastic or cosmetic surgery, with a less debilitating psychological reaction
Facial disfigurement(d) less significant scarring£3,710 to £12,900one scar that can be camouflaged or very small scars that are easy to live with
Facial disfigurement(e) trivial scarringup to £3,310minor effects from which a recovery can be made or no serious impact caused
Post-traumatic stress disorder (PTSD)moderate£7,680 to £21,730largely recovered from the effects but still disturbed by the experience
Psychiatric damagemoderately Severe£17,900 to £51,460the level of anxiety and stress that could be perhaps caused by an irreversible facial disfigurement

The physical and the emotional effects of plastic surgery that has gone wrong are covered by general damages, as illustrated in the table above. Special damages, the second head of claim you can pursue, covers the financial impact of your injuries. For example, you could claim back the cost of travel expenses to and from hospital appointments, or claim back the cost of any cosmetic aids or devices you may need as a result of your injuries.

There are no guaranteed compensation amounts. These figures only represent potential awards. As an alternative, you can use our compensation calculator, or contact our team of advisors for a free estimation of what your claim may be worth.

Damages For Common Expenses

In addition to ‘general damages’ for health impacts, it’s possible to compile a request for damages to your finances. So general damages as we saw above look to compensate you for the suffering caused by the injuries. Then we have special damages that will compensate for any financial losses caused by the suffering.

For example, a bad reaction to a chemical peel may mean you need to miss work. This may cause you a drop in income. Therefore, under special damages, you could ask to be reimbursed for the income loss you have experienced.

Furthermore, recovering from remedial medical procedures to correct the initiate ones may impact your ability to cope as normal. Time off work, prolonged recovery and medical needs mean that all these factors have potential financial implications.

Special damages aim to prevent you from suffering this financial damage as well as your health ones. Speak with our team about any associated out-of-pocket costs caused by your injuries. We can clarify any expenses that you are unsure about and check your entitlement.

If you have suffered as a result of cosmetic surgery negligence, call our advisors today.

No Win No Fee Cosmetic Injury Claims

Suing a beauty clinic or a freelance practitioner may feel like an extreme or daunting step. But it’s important to remember that if your injuries were due to their negligence you have a right to hold those liable responsible for your losses. You can begin a cosmetic injury claim today by working with a personal injury lawyer under a No Win No Fee agreement. What are the benefits of an agreement like this? There are many:

  • No upfront fees payable to your solicitor
  • Nothing to pay the solicitors as the case moves forward
  • No charge from your solicitors if your case fails
  • If your case wins, a small percentage from your settlement pays their fees
  • This is due after you have received the compensation award
  • This amount is capped low by law
  • Your lawyer handles every aspect of the case on your behalf
  • They can understand the legal-jargon
  • And respond to your claim with the attention it deserves

A No Win No Fee agreement means that you can secure the services of a skilled cosmetic surgery solicitor with no upfront or ongoing fees. Provide them with as much detailed information to prove your claim and they can do the rest. Anyone is free to start a claim for themselves, you do not legally need a lawyer to do this. But it makes far more sense to work with a professional who has the skill and expertise to fully evaluate your claim and help you get the maximum award possible.

Contact our advisors and they could run through a quick, no-obligation assessment of your cosmetic injury claim. They can connect you with excellent cosmetic surgery solicitors at no upfront cost today.

Start Your Cosmetic Injury Claim

A cosmetic injury claim may be easier to arrange than you think. As mentioned, solid evidence must underpin your case, but with the right evidence, it can be possible to connect with No Win No Fee cosmetic surgery solicitors to help. At Legal Expert, we endeavor to streamline this process for you and explain how you could access the compensation and justice you deserve right now. Begin your cosmetic surgery negligence claim by:

  • Calling us on 0800 073 8804
  • Emailing or writing to us at Legal Expert
  • Speak to our online advice ‘live support’ team in the box below

Learn More

Thank you for reading our guide to making a cosmetic injury claim. We hope that it has helped clarify the position you can take against a beauty salon, plastic surgeon or clinician if they avoidably injured you.

In addition, we can offer further reading on how to claim against a private healthcare company or start a case against a private freelance beauty therapist for compensation. We can also offer suggested actions if you were the victim of botched surgical procedures.

For More Helpful Guides:

Cosmetic Injury Claim FAQs

Cosmetic surgery statistics

According to statistics published in 2021 by the British Association of Aesthetic Plastic Surgeons (BAAPS) state that cosmetic surgeries have dropped for men and women by 27% from 2020. The top reported surgery in women was breast augmentation, with 4,023 surgeries, whereas the most popular surgery in men was rhinoplasty, with 267 reported surgeries.

Can you sue a cosmetic surgeon?

Any practitioner who fails in their legal duty of care to you, whether NHS or private can mean they could be liable if harm is caused that should not have happened. Whether you claim against the surgeon or the clinic will depend.

Can I Claim For Plastic Surgery?

If you have suffered harm as a result of negligence during plastic surgery, you may be eligible to make a cosmetic surgery negligence claim. Contact our team of advisors to see if our cosmetic surgery solicitors can help you.

What is the average payout for a negligent beauty treatment?

There is no such thing as an ‘average payout’ for cosmetic injury claims as it depends on the type of procedure and level of damage caused.

Will I put an independent beautician out of business if I sue them?

Generally, beauty shops and beauticians should have insurance to cover them in cases of personal injury.

Can I recover from botched plastic surgery?

In many instances, it can be possible for mistakes to be corrected. However, it is also possible that any surgical intervention (particularly on the face) carries with it a wide degree of uncertainty as to how it will age in relation to the rest of your face. It is possible that a mistake could worsen with age even after corrective or remedial efforts have been given. It’s important to stress again that plastic or cosmetic surgery is still surgery. As such, it can have permanent and irreversible consequences.

Written By Waters

Edited By Melissa.

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