Hayley Devlin LLB
Legal writer and former solicitor
Cosmetic Surgery Claims
Does your claim qualify? Get free, no obligation advice!
If you’ve suffered at the hands of a negligent cosmetic surgeon, or you’ve been injured during or as a result of cosmetic surgery, and someone else was at fault, you could be eligible to claim compensation.
Cosmetic surgery isn’t a decision anyone enters into lightly. Not only does it require a significant financial investment, it’s also serious surgery. When you’re putting your life and your looks in the hands of someone else, it’s only natural to expect an excellent standard of care and the results you paid for.
Unfortunately, many patients find they’re either unsatisfied with their results or suffer complications that might result in lasting pain and permanent damage.
According to a report from the National Confidential Enquiry into Patient Outcome and Death (NCEPOD), fewer than 44% of aesthetic operating rooms are appropriately equipped for surgery – which explains why so many problems occur from surgeries.
So, if you’re a victim of negligence from a cosmetic surgeon, or you’ve been injured as a result of cosmetic surgery, you can make a claim and recover any financial losses.
To find out more or to talk through your experience and discover if you’re eligible to make a compensation claim, call 0333 251 8372 to access free legal advice.
All cosmetic procedures have risks and require a long recovery time. However, when an issue occurs, that is attributable to the hospital’s negligence, this is when you have the right to claim compensation.
Common mistakes that happen during (or after) cosmetic surgery include:
The aesthetic issues that might happen after eyelid surgery include asymmetry and sagging of the lower eyelids. However, some patients might experience bleeding behind the eyes, which causes blurred vision. In severe cases, the patient might also experience blindness, resulting in an ongoing disability.
One of the most common cosmetic surgeries is breast enlargement. However, despite its popularity, there are still plenty of risks, including permanent scarring and infections.
The cosmetic procedure involves inserting implants, which can crease and lose shape. In some cases, the implant might rupture, which causes tenderness, swelling and lumps.
Most people expect pain and swelling after a facelift, but it should only last for a few weeks. Prolonged pain or numbness means something has gone wrong with the surgery, some people might even notice their facial features are asymmetrical.
As with breast augmentation, breast reduction surgeries can also cause infections and permanent scars. The breasts might also be left asymmetrical, and some people lose feeling in the nipple area, which can be long-term.
Nose jobs are one of the most popular cosmetic surgery procedures, but they still have plenty of risks. Common side effects include difficulty breathing, heavy bleeding, and the potential of the nose collapsing.
Tummy tuck claims are pretty common because this is a serious operation which when performed by a less than experienced surgeon, has the propensity to lead to issues. While this surgery has a lengthy recovery time anyway, if a patient experiences prolonged pain that makes it difficult to perform simple daily tasks, this could be the result of surgical error.
Liposuction is one of the more uncomplicated surgeries, but that doesn’t mean there aren’t potential difficulties. A surgeon has to ensure they remove the right amount of fat from each part of the body, or the result will be disproportionate.
Also, the areas where the fat is removed might become lumpy, and there’s a risk of prolonged numbness.
Any surgical procedure comes with risks, but the doctor should explain those to you before operating. You might be entitled to claim compensation when you experience long-term damage or complications that shouldn’t arise.
Find out more about claiming compensation for surgical errors.
Becoming permanently disfigured or being left with asymmetric results are scenarios in which the surgeon has been negligent. Infections are an example of hospital negligence, because all hospitals should have measures to protect people from bacteria and germs.
To find out more about making a claim, or to talk through your options with a trained legal advisor, call for free, or use the form for a free callback.
The first step in making a cosmetic surgery claim is to speak to a free legal advisor and discuss your case. Doing this means you can assess your eligibility and avoid going into the claims process blind.
When you call 0808 503 8935, you will speak with a trained legal advisor, who if they believe you have a claim, will partner you with specialist medical negligence solicitors who will take on your case on a no win no fee basis.
If you’re the victim of negligent treatment, the best way to make a claim is through a no win no fee service. Traditional lawyers are fine, but they charge upfront fees with no guarantee of securing compensation for you.
When a no win no fees medical negligence solicitor agrees to take your case, they’re confident you’ll win. At the end of the day, they don’t receive any money unless you win.
At the heart of every successful compensation claim is the proof of medical negligence. When a hospital or surgeon is negligent, this often causes ongoing health problems for the patient and significant, unwanted, aesthetic changes.
The key to winning your cosmetic surgery negligence claim is gathering evidence to prove your injuries were a result of someone else’s negligence. Your lawyer, for example, will obtain your medical records and look at before and after photos to determine the extent of the damage.
In most cases, you’ll also need to attend a medical assessment, which will verify the cosmetic surgery mistake.
Your lawyer will consider both physical and psychological injuries when coming up with a compensation award amount, which they’ll then present to the negligent party. Negotiations are an integral component of the cosmetic surgery claims process, and they usually go smoothly.
However, some cosmetic surgery claims might go to court – particularly if neither party can reach an agreement.
If this happens to you, your personal injury lawyer will support and advise you through the entire process, representing your best interests in court and ensuring you get the maximum compensation you deserve.
After you win the cosmetic surgery claim, your lawyer will take their success fee out of the money you’re awarded, and you’ll receive the rest.
To find out more about making a cosmetic surgery claim, or to speak to a trained legal advisor for free, call 0333 258 9657 or use the form for an online callback. Within just a few minutes, you could be on your way to getting the money you deserve.
Most cosmetic surgery claims are against private hospitals, as it’s rare for the NHS to offer aesthetic surgery unless it’s deemed necessary. However, you can make a claim if the NHS is responsible for a botched cosmetic surgery.
The process will be slightly different as the NHS has a complaints procedure, but your personal injury lawyer will talk you through it.
Cosmetic surgery negligence claims can resolve relatively quickly as long as both parties reach an agreement. In some cases, the negligent party might offer a lower sum of money than your lawyer was expecting, so further negotiations will occur.
If you’re going for the maximum compensation, or the solicitor feels the amount the negligent party offers is too low, court might be the best option.
There’s no set amount for any claim because your lawyer will have to factor in the physical damages and the psychological pain the surgical procedure caused.
For example, if someone was left with prolonged numbness in the area, but it resolved and they could continue with everyday life, they’ll receive less than someone who was left permanently disfigured.
It’s best to use a compensation calculator for a general idea, but your case will inevitably be different than another person’s, so only your lawyer can give you an accurate estimate.
Figures from the past provide a general idea of how much you could receive. They include:
Moderate to severe psychiatric injuries due to surgery: £1540 to £19,070.
Serious scarring of body parts, such as arms and legs: £2370 to £22,370.
Moderate to severe facial scarring of the face: £1710 to £30,090.
You’ll also receive more money if you require corrective surgery to fix any mistakes.
Cosmetic surgery claims have a three-year time limit from when the incident happened. That means if you had surgery in 2018, you’d only have until 2021 to make a claim.
However, there’s no telling how long the compensation process will take, so it’s best to seek advice and submit your claim early, to ensure your time limit doesn’t run out before receiving the money.
You pay nothing out of your own pocket when you enter into a no win no fee agreement (also known as a conditional fee agreement).
If your solicitor loses the case, you won’t have to pay anything, which gives you more security and peace of mind. And your legal fees will come out of the compensation money you receive.
You can use the compensation for anything you want, including investing in corrective treatment to repair the damage caused by the first surgery, counselling, care and paying the bills after being away from work.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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