A guide to making cosmetic surgery compensation claims
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There are an estimated 100,000 cosmetic surgery procedures performed every year in the UK, and with that number steadily increasing every year it is likely that the number of procedures that result in a negative outcome for the patient will also increase.
Like all forms of surgery, cosmetic surgery carries a risk and problems can arise despite the professionalism of the surgeon and medical staff attending. However, problems can also occur before, during or after a cosmetic surgery procedure that are simply down to the negligence of the medical staff. In such cases the patient may be entitled to make a medical negligence claim to seek compensation.
As cosmetic surgery is not as heavily regulated as a lot of other areas of healthcare and medicine, surgery can sometimes be carried out by people who are not appropriately trained or experienced to perform the procedure. There are also instances where the procedures have been carried out in environments that are simply not suitable for the type of surgery required e.g. not clean enough, do not have the necessary equipment to deal with any complications etc…
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Most popular cosmetic surgery procedures in the UK
According to data from the British Association of Aesthetic and Plastic Surgeons (BAAPS), the top 10 most popular procedures for men and women in the UK are:
- Breast augmentation
- Blepharoplasty (eyelid surgery)
- Face/Neck Lift
- Breast Reduction
- Liposuction
- Rhinoplasty
- Fat Transfer
- Abdominoplasty
- Browlift
- Otoplasty (ear correction)
As these are the most common cosmetic surgery procedures, they also make up most of the common procedures to lead to compensation claims. However, there are some other procedures not covered by the BAAPS data that are the subject of a lot of compensation claims.
The most common cosmetic surgery procedures to result in claims are:
- Breast augmentation
- Facelifts
- Liposuction
- Botox injections
- Tummy tucks
- Hair replacement
- Laser surgery
- Skin resurfacing
- Blepharoplasty (eyelid surgery)
Common causes of cosmetic surgery negligence
To make a compensation claim, the claimant must be able to prove that the cosmetic surgeon or the practice in which they operate were negligent. All medical staff have a duty of care to their patients to ensure they take all reasonable and necessary steps to keep them safe. If they fail in this duty of care towards you then that might amount to negligence and you could be entitled to make a claim for compensation. Learn more about negligence with our guide: What is negligence?
In the case of cosmetic surgery claims, negligence tends to arise out of four main areas:
Procedural errors
This refers to mistakes made during the surgical procedure that physically injured the patient e.g nerve damage, or mistakes that lead to poor results.
It is not always enough to base a compensation claim purely on not being happy with the results, however if an independent medical expert agrees that your surgery falls below a reasonable standard then you could be entitled to pursue a claim against the surgeon.
Failure to advise
All medical practitioners are required to provide their patients with all the necessary information to allow them to make an informed decision before going ahead with the procedure – this applies to cosmetic surgeons just as much as it does to dentists, doctors and emergency surgeons.
If your cosmetic surgeon failed to inform you of the relevant risks prior to your procedure then you may have grounds to pursue a claim for compensation.
After-care failures
Sometimes medical staff make mistakes while patients are recovering from cosmetic surgery, such as not noticing that they are developing an infection following their operation.
It’s not always a sign of negligence if you contract an infection after your plastic surgery, but if medical staff fail to notice it and treat it in a timely manner could well be seen as a failure in their duty of care towards you.
Use of defective products
The use of faulty products is also a common cause of cosmetic surgery compensation claims. This can include everything from defective implants that cause complications to out-of-date Botox.
If you think you have suffered an injury or complication due to negligence after a cosmetic surgery procedure, get in touch with CL Legal today to make a claim.
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