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Cosmetic Surgery Claim

Cosmetic Surgery Claims

A botched cosmetic procedure can leave you in considerable amounts of pain and emotional distress.

Our network of dedicated medical negligence lawyers specialises in cosmetic surgery claims, standing ready to help you seek the compensation you deserve to explore corrective treatments, counselling, or make up for lost wages if you've had to take time off work.

Worried about the financial side of a cosmetic surgery claim? Many solicitors offer No Win, No Fee agreements so you can seek compensation for a cosmetic procedure that went wrong with confidence.

Contact our Legal Assessment Specialists for a free confidential case evaluation.

• Can I sue a cosmetic surgeon for negligence?

• Who can make a cosmetic surgery claim?

• What types of cosmetic surgery can I claim for?

• How do I prove negligence in cosmetic surgery?

• How much compensation could I get for a cosmetic surgery claim?

• What should I do if I experience a problem after cosmetic surgery?

• How long do I have to make a cosmetic surgery claim?

• How do I make a cosmetic surgery claim?

• Will I have to go to court for a cosmetic surgery claim?

Can I sue a cosmetic surgeon for negligence?

If you've had cosmetic surgery in the UK and something went wrong because the surgeon didn't do their job properly, you can sue them for medical negligence.

To make a claim, you need to show that the surgeon didn't do their job right, and because of that you suffered physically, mentally, or both.

Different things could count as negligence in cosmetic surgery. For example if the cosmetic surgeon:

• Carried out the wrong procedure

• Hurt you during surgery when it could have been avoided

• Used faulty products

• Didn't give you the right aftercare.

Who can make a cosmetic surgery claim?

You may be able to make a cosmetic surgery claim if:

1. You had elective cosmetic surgery and the results were much worse than expected or there were problems because of poor surgical techniques.

2. You had non-elective cosmetic surgery for medical reasons where mistakes during the procedure caused more harm.

3. You suffered because you didn't get the right care after surgery or because complications weren't handled properly, and it was because of something the healthcare provider did or didn't do.

What types of cosmetic surgery can I claim for?

You can make a claim for a wide variety of cosmetic surgeries if you believe that medical negligence occurred during the procedure.

This includes surgical and non-surgical cosmetic procedures, each of which carries its own risks and potential for complications. 

Some of the most common types of cosmetic surgery that you can claim for are:

• Breast augmentation or reduction

• Liposuction

• Rhinoplasty (Nose Job)

• Facelifts

• Abdominoplasty (Tummy Tuck)

• Eyelid surgery

• Botox and fillers

• Laser treatments

• Chemical peels

These claims usually come from problems with the care given during the procedure, not being fully told about the risks or other treatment options (this is called informed consent), or the results not being what was agreed upon because of careless actions.

How do I prove negligence in cosmetic surgery?

Proving negligence in cosmetic surgery involves showing that the healthcare provider, whether from the NHS or private practice, didn't meet the expected standard of care. This could include surgical errors or lacking the necessary equipment. Additionally, you must demonstrate that this negligence directly led to your injury.

To support your claim, you may use your medical records, photographs of any visible effects, and witness statements. In some instances, an independent medical expert might examine you and provide a report detailing how the healthcare provider's negligence affected you.

How much compensation could I get for a cosmetic surgery claim?

Compensation in cosmetic surgery negligence claims usually includes:

1. General damages: This covers pain, suffering, and loss of amenity caused by negligent treatment.

2. Special damages: This addresses financial losses and expenses directly linked to your injuries like medical bills, lost earnings, and other related costs.

The compensation amount awarded in cosmetic surgery negligence cases depends on the severity of the harm and how it has impacted your personal and professional life. Legal professionals refer to guidelines provided by the Judicial College, which outline ranges for different types of injuries.

What should I do if I experience a problem after cosmetic surgery?

If you encounter issues after cosmetic surgery you should let the surgeon or clinic where the procedure was done know about your problems. Alternatively, if you do not feel comfortable returning to the healthcare provider who performed the procedure, you should seek a second opinion from another medical professional.

If you suspect negligence, you should also seek legal advice from a cosmetic surgery claims lawyer. They can assess if you have a valid claim and guide you through the steps involved in seeking compensation.

Depending on the severity of the problem, you might also consider reporting it to relevant bodies such as the Care Quality Commission (CQC) or the General Medical Council (GMC). A solicitor can also help with this if you wish to do so.

How long do I have to make a cosmetic surgery claim?

In the UK, you typically have three years to make a cosmetic surgery claim, starting from either the date of surgery or the date you became aware of any related injury or complications (known as the date of knowledge).

There are exceptions if the claimant was under 18 at the time of the surgery and for individuals lacking the mental capacity to make a claim.

How do I make a cosmetic surgery claim?

First of all, from the moment you suspect something's wrong, you should start to keep detailed records of all medical visits, treatments, communications with healthcare providers, and any symptoms or issues you experience.

Next, consult a medical professional for an independent assessment of your post-surgery condition to determine if negligence occurred and the extent of any harm,

Then, contact our legal assessment team for cosmetic surgery claim case evaluation. Our Legal Assessment specialists will assess your claim and put you in touch with a specialist medical negligence lawyer who will take on your case.

From there, your solicitor will:

1. Gather evidence that supports your case

2. Notify the surgeon, clinic, or hospital of your claim through a Letter of Claim

3. Negotiate with the defendant's insurance company or legal representatives for a fair compensation settlement based on your injuries and losses.

If a settlement isn't reached, your solicitor may advise taking the case to court as a last resort. And, if you are successful, either through settlement or court verdict, you'll receive compensation for your injuries, medical expenses, loss of earnings, and pain and suffering.

How long does a cosmetic surgery claim take?

The time it takes to resolve a cosmetic surgery claim varies, usually lasting from several months to a few years.

Overall, simpler cases might wrap up within 6 to 12 months if settled out of court, while those going to trial can take a year to several years to resolve.

Will I have to go to court for a cosmetic surgery claim?

Most cosmetic surgery claims are settled through negotiations rather than going to court. However, court involvement may be necessary if:

• The defendant denies responsibility or disputes the level of negligence.

• There's a significant difference between the settlement offer and what's considered fair compensation.

• Complex legal or medical issues need court clarification.

No win, no fee cosmetic surgery claims

In some cases, your lawyer may be able to take your case on a no win, no fee arrangement, which means you don't pay any fees if you don't win the case.

At Lawhive, our cosmetic surgery claims lawyers are on hand to assist with your matter quickly and may be able to offer a conditional fee agreement to help you pursue your claim.

Contact us to find out more and explore no win, no fee cosmetic surgery claims with Lawhive.