How Is A Cosmetic Injury Claim Calculated?
By Cat Way. Updated 5th June 2023. 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.
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
- What Is A Negligent Cosmetic Procedure Injury?
- Negligent Cosmetic Surgery Procedures
- Treatment Of Chemical Burns
- Negligence In Beauty Salon Treatments
- Cosmetic Injury Claims Calculator
- Could I Also Claim Special Damages?
- No Win No Fee Cosmetic Injury Claims
- Learn More
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.
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.
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.
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.
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:
|injury||severity||JCG award bracket||notes|
|Facial disfigurement||(a) very severe scarring||£29,780 to £97,330||in young claimants where the cosmetic impact is particularly distressing|
|Facial disfigurement||(b) less severe scarring||£17,960 to £48,420||substantial scarring and significant emotional damage|
|Facial disfigurement||(c) significant scarring||£9,110 to £30,090||worst effects reduced by plastic or cosmetic surgery, with a less debilitating psychological reaction|
|Facial disfigurement||(d) less significant scarring||£3,950 to £13,740||one scar that can be camouflaged or very small scars that are easy to live with|
|Facial disfigurement||(e) trivial scarring||£1,710 to £3,530||minor effects from which a recovery can be made or no serious impact caused|
|Post-traumatic stress disorder (PTSD)||moderate||£8,180 to £23,150||largely recovered from the effects but still disturbed by the experience|
|Psychiatric damage||moderately Severe||£19,070 to £54,830||the 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.
Following a successful cosmetic surgery compensation claim, you may also be awarded special damages. This head of claim compensates you for financial losses you experience as a result of your injuries.
For example, if you require time off work to recover from your injuries, this could result in a loss of earnings. Under special damages, you could potentially claim these lost earnings back.
This head of your cosmetic surgery claim could also help you recoup the cost of:
- Medications, both prescription and over-the-counter.
- Cosmetic aids.
- Essential travel.
In order to claim under this heading, you will be required to offer proof of your financial losses. Because of this, keeping any relevant bills, receipts, or invoices related to your injuries can be helpful.
To find out if you could be entitled to make a claim for cosmetic surgery or a cosmetic treatment gone wrong, contact our team of advisors today.
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
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Written By Waters
Edited By Melissa.