No matter what kind of cosmetic surgery someone has, it’s fair to expect only the highest standards from those performing the procedure. However, that is not always the case, and things sometimes go wrong due to cosmetic surgery negligence. If you have suffered unnecessarily as a cosmetic surgery patient, read on to see if you could have the basis to make a clinical negligence claim with us at Accident Claims.
What You Need To Know
- You might have a valid cosmetic surgery negligence claim if substandard medical care caused you to suffer unnecessarily as a patient.
- Compensation in these cases can be for the physical, mental, and financial impact of the avoidable harm.
- Generally, you have 3 years from the date of the negligent cosmetic surgery to start your claim.
- Evidence can include your medical records, eyewitness testimonies, and a diary outlining your experience.
- Our solicitors provide a nationwide No Win No Fee service for medical negligence claims.
Contact Us
To be connected with one of our friendly advisors and see if you have a potential claim, contact us at any time by:
- Calling us on 0800 073 8801
- Filling out our online contact form
- Using our live chat
Jump To A Section
- Can I Make A Claim For Cosmetic Surgery Gone Wrong?
- How Much Compensation Is Awarded In Cosmetic Surgery Negligence Claims?
- Is There A Time Limit For Claiming After Cosmetic Surgery Gone Wrong?
- What Are Some Examples Of Cosmetic Surgery Negligence?
- Will All Complications Of Cosmetic Surgery Be A Sign Of Medical Negligence?
- How Can I Make A Cosmetic Surgery Negligence Claim?
- What Accident Claims’ Solicitors Can Do To Help
- No Win No Fee Claims For Cosmetic Surgery Negligence
- More Information
Can I Make A Claim For Cosmetic Surgery Gone Wrong?
Yes, you may be eligible to make a claim for cosmetic surgery gone wrong if the following can be proven:
- A medical professional (a cosmetic surgeon in this case) or a facility like a clinic owed you a duty of care
- They breached this duty in some way
- That led to you suffering avoidable or otherwise unnecessary harm
All medical professionals and facilities have a responsibility to provide their patients with a level of care that meets the minimum standard expected of them. That responsibility is the duty of care referred to above. Below, we’ll look at what those standards might be, but it’s first important to emphasise that the harm you experienced must have been avoidable.
Cosmetic surgery, like any procedure, has inherent risks. That means harm sometimes occurs even when a surgeon and their team provide a patient with the correct standard of care.
Professional Standards For Cosmetic Surgeons
For cosmetic surgeons in particular, the Royal College of Surgeons has published guidance on professional standards relevant to the field. These standards include:
- Informed consent – so ensuring that you are told enough about what the procedure entails, any potential risks, outcomes, and the required aftercare
- Keeping accurate records
- Ensuring competence – staying up to date with new procedures in cosmetic surgery and techniques
- Maintaining a sterile surgery
The General Medical Council (GMC) also provides guidance on delivering the correct standard of care in cosmetic interventions:
- Professionals must be registered with the GMC
- All cosmetic surgeons must adhere to ethical standards outlined by the GMC
- They must provide a safe environment for treatment
If a surgeon falls short of expectations, they may be in breach of the duty of care automatically owed to their patient. When that results in the patient suffering unnecessarily, it may form the basis of a valid clinical negligence claim.
Contact us today to have one of our advisors assess the validity of your claim at no cost.
Am I Able To Claim For Negligent Cosmetic Surgery Against The NHS?
Yes, you can make a claim for negligent cosmetic surgery against the NHS if your case meets the eligibility criteria outlined earlier. Your claim would be handled by NHS Resolution, an arms-length body with its own budget for paying out compensation. Due to that separate funding, successful claims have no impact on public healthcare, including cosmetic surgery procedures.
To discuss your cosmetic surgery negligence claim, please contact us today. Our advisors offer a personalised service and will ensure you are fully informed about your options for claiming.
Can I Claim Compensation For Non-Surgical Procedures?
If your case still meets the eligibility criteria discussed above, you can claim compensation for non-surgical procedures. These procedures, which are increasingly popular, include:
- Dermal fillers
- Laser treatments
- Microneedling
- Botox
Despite these procedures being non-surgical, they must still be performed with care and skill. Practitioners may also need specialised training or accreditation to perform a non-surgical procedure.
If you’ve suffered harm as a result of a non-surgical treatment, we would advise you to contact our team straightaway. You can discuss the particulars of your claim and see if you might have a case for compensation.
How Much Compensation Is Awarded In Cosmetic Surgery Negligence Claims?
In successful cosmetic surgery negligence claims, the amount of compensation that is awarded will depend on a variety of case-specific factors. Your compensation can be comprised of 2 heads of loss, known as general and special damages:
- General damages include your physical and psychological harm, as well as any loss of amenity. This loss encompasses the impact on your quality of life and ability to do day-to-day activities.
- When unnecessary harm results in financial loss, special damages may be paid out.
When calculating general damages, medical negligence solicitors can refer to the Judicial College Guidelines (JCG). This document is useful to our solicitors as it publishes suggested compensation brackets for many kinds of harm, such as brain damage and facial scarring.
The table below provides suggestive compensation brackets for several types of harm, including varying severities of facial scarring. Please note that the first entry has not been taken from the JCG.
Harm Notes Compensation
Multiple Very Severe Forms of Harm as well as Special Damages Individuals will show multiple forms of very severe harm as well as experience financial losses, such as the cost of professional care Up to £1,000,000+
Very Severe Brain Damage In this bracket, compensation will be influenced by factors such as life expectancy, degree of physical limitation, sensory impairment, and capacity to communicate £344,150 to £493,000
Bowels (a) Cases involving double incontinence, resulting in a complete loss of bladder and bowel function (together with urinary control) Up to £224,790
Bowels (b) Bladder function will be totally loss. There will be colostomy reliance, depending on age Up to £183,190
Very Severe Facial Scarring Cosmetic impact is very disfiguring and the psychological impact is severe. Claimant will be young, usually in teens up to early 30s £36,340 to £118,790
Less Severe Facial Scarring Significant psychological reaction as well as substantial disfigurement £21,920 to £59,090
Significant Facial Scarring Bracket involves cases where worst effects will have been reduced through cosmetic surgery. However, there will be some degree of cosmetic disability and psychological effect won't be deemed great. Includes cases where scarring is visible from a conversational distance £11,120 to £36,720
Kidney (c) Claimant will experience a loss of a single kidney without there being any damage to the other £37,550 to £54,760
A Number of Noticeable Laceration Scars or a Single Disfiguring Scar Either a single disfiguring scar or a number of laceration scars that are noticeable £9,560 to £27,740
Dermatitis (a) Dermatitis will affect both hands, causing issues like cracking, soreness, and potentially some psychological effects. £16,770 to £23,430
What Can Compensation Help With After Negligent Cosmetic Surgery?
Your compensation can help after negligent cosmetic surgery by easing any financial strain you might be experiencing. As we briefly discussed above, special damages can account for the financial impact of the harm you suffered.
For instance, you might now require reconstructive or corrective surgeries, which can be costly when done privately. You may also need occupational therapy if the negligent treatment led to some form of paralysis that affected your mobility or facial movement.
Your special damages could also include the following:
- Loss of income and earning potential, as well as impact on pension contributions, bonuses, and promotions
- Besides private treatments, you may have medical bills for prescriptions and physiotherapy
- If you suffered psychological harm, you may be able to claim for the cost of therapy or counselling
- Modifications to the home or a vehicle. If your mobility was affected, you may have had to adapt your house to include walk-in baths or grab rails
- Travel expenses, if you have had to pay for transportation to the hospital or GP appointments
To claim special damages as part of your compensation, you will need evidence that proves your financial losses. That proof can include wageslips, receipts, and medical invoices.
While compensation cannot undo the harm that has been caused, it can aid in your recovery and reimburse you for your losses. Please reach out today for a more personalised discussion of compensation with one of our advisors.
Is There A Time Limit For Claiming After Cosmetic Surgery Gone Wrong?
Yes, there is a 3-year time limit for claiming after cosmetic surgery gone wrong, as established in the Limitation Act 1980. This timeframe for starting a claim begins either from:
- The date of the negligent cosmetic surgery
- The date that you reasonably became aware of the medical negligence. This is referred to as the date of knowledge
The Limitation Act does recognise that there are circumstances where individuals are unable to claim on their own behalf. To reflect that, the 3-year time limit is paused in situations where someone cannot claim for themselves due to being:
- Under the age of 18. The time limit will only begin from the date of a minor’s 18th birthday
- Mentally incapacitated. Here, the time limit will only run from the date that an adult regains their mental capacity. Otherwise, the 3-year limitation period will stay frozen for as long as there is an incapacity
In both cases, it is possible for a litigation friend to help someone claim compensation while there is a pause to the time limit. This role can be taken on by any adult, but is most often filled by a loved one or solicitor.
If you’d like to learn more about whether your case would still be within the time limit to start a cosmetic surgery negligence claim, contact our knowledgeable advisors today. They are here throughout the week and will be happy to help.
What Are Some Examples Of Cosmetic Surgery Negligence?
Below, we explore some examples of cosmetic surgery negligence to give some background on how a compensation claim might arise:
Breast Implant
There are many reasons why a breast implant procedure might go wrong due to substandard care. For example, your surgeon might knowingly use a damaged or faulty implant, which later ruptures. That could significantly affect the appearance of your breasts, lumps, or capsular contracture, which may necessitate reconstructive surgery.
Rhinoplasty (Nose Surgery)
Negligently performed rhinoplasty can have far-reaching consequences for those affected. For instance, you could suffer nasal collapse and a loss of function if your surgeon removed too much cartilage because they failed to perform any pre-operative checks.
Rhytidectomy (Face Surgery)
Patients who have a rhytidectomy are at particular risk of facial paralysis from nerve damage caused by cosmetic surgery negligence. If your cosmetic surgeon damages your nerves because they perform the procedure on the wrong site, they could cause a loss of sensation and paralysis of the facial muscles.
Plastic Surgery
Your plastic surgery team fails to perform sufficient pre-operative checks and doesn’t recognise that too much anaesthesia has been administered. That leads to some form of brain damage and leaves you in need of long-term care.
Facial Scar Surgery
All cosmetic surgery procedures should be performed in a sterile and clean environment to prevent infection. However, if your surgeon performs facial scar surgery and doesn’t sterilise their equipment, you could develop an otherwise avoidable infection. In some cases, this infection can become life-threatening, especially if it triggers sepsis.
Forehead Lift
A cosmetic surgeon may be liable for any unnecessary harm resulting from a forehead lift if, say, they fail to recognise that they are using the wrong tools for the procedure. This failure could cause nerve damage, excessive scarring, and paralysis of the facial muscles.
Laser Surgery
Laser treatments are becoming increasingly popular, and can go wrong for many reasons. If they are performed negligently, it could lead to burns, scarring, and other adverse reactions. For instance, a surgeon might ignore their training and position the laser too close to your skin, resulting in blistering and skin damage.
Gastric Band Surgery
In gastric band surgery, errors can lead to significant organ damage and increase the risk of life-threatening infections. Say your surgeon fails to take due care when applying a gastric band and doesn’t notice a leak from the gastric bypass. Here, the consequences could involve a serious loss of bowel function and sepsis.
Liposuction
Liposuction is a cosmetic surgical procedure that removes excess fat deposits from the body. Your surgeon may have performed the procedure without administering enough anaesthesia or properly using their tools when removing the fat deposits. That, combined with a failure to monitor you adequately, could mean you experience severe pain, unsightly scarring, and post-traumatic stress disorder as a result.
No matter what your experience of cosmetic surgery negligence is, our advisors are here to help. So, please share your situation in confidence and find out today if you can make a claim.
Will All Complications Of Cosmetic Surgery Be A Sign Of Medical Negligence?
No, not all complications of cosmetic surgery will be a sign of medical negligence. As we highlighted earlier, harm is sometimes unavoidable, and cosmetic surgery comes with its own set of risks for patients. For instance, pain and swelling may still happen even when a cosmetic surgeon meets the standards expected of them and performs your procedure correctly.
An example of a complication that would not amount to negligence might involve a scenario like the following:
- You are scheduled for a breast augmentation. The cosmetic surgeon responsible for the procedure meets expected standards, uses sterile techniques, and prescribes antibiotics as a preventative measure. Nevertheless, you still develop an infection at no fault of the cosmetic surgeon.
In the circumstance above, your surgeon did all that was necessary to provide a standard of care expected of them, and the harm you suffered was unavoidable.
If you are unsure about what is classed as clinical negligence, please reach out to one of our advisors today. They can provide tailored advice and provide further clarity on whether you have suffered unnecessary harm because of substandard care.
How Can I Make A Cosmetic Surgery Negligence Claim?
To make a cosmetic surgery negligence claim, you will need evidence that clearly supports your case. This process involves gathering documents that demonstrate how substandard care resulted in you experiencing otherwise avoidable harm.
Evidence in these cases can include:
- Photographs of the surgery site, especially if it has become infected
- Medical or GP records to highlight the extent of harm suffered and any prescriptions you have been given
- Copies of X-rays or medical documentation outlining the procedures that you underwent
- A diary providing an account of your experience, the care you received, and the impact on your overall health
- Details of anyone who might’ve witnessed the event or the treatment you were given. Your solicitor can use these details to obtain a witness statement at a later stage
If you decide to instruct one of our expert solicitors, as part of the free services on offer, they can provide assistance with proving your claim. That can involve helping with gathering evidence, reviewing documentation, and piecing it all together to strengthen the basis of your claim.
Contact us today to discuss what evidence might be useful in your own cosmetic surgery negligence claim and how one of our solicitors might be able to help.
What Accident Claims’ Solicitors Can Do To Help
Our solicitors at Accident Claims have decades of combined experience helping settle cosmetic surgery negligence claims nationwide. We have seen firsthand how isolated and overwhelmed clients can be while living with the fallout of a cosmetic surgery that has gone wrong. That is why our solicitors work tirelessly to ensure every client never feels alone or unsupported during the claims process.
By choosing a solicitor from Accident Claims, you can expect:
- Frequent and regular updates about the progress of your cosmetic surgery negligence case
- Assistance in gathering evidence to support the basis of your claim
- Your legal representative will work closely with you to develop a rehabilitation and recovery plan which suits your personal circumstances, such as putting you in touch with a psychologist
- Discussions about your claim in a clear, easy-to-follow manner
- Offering tailored advice and support through each step of your claim
All our excellent services are provided on No Win No Fee terms. Please continue reading to find out more about these terms or get in touch with one of our advisors to see if you can get started with your claim.
No Win No Fee Claims For Cosmetic Surgery Negligence
Our solicitors provide a nationwide No Win No Fee claims service for cosmetic surgery through the use of a Conditional Fee Agreement. This arrangement can be beneficial when seeking cosmetic surgery negligence compensation, as it means you won’t face the prospect of paying continuously rising solicitor fees.
Instead, you can get started with your claim without paying any solicitor’s fee. You also won’t pay these fees during the process of claiming or if your case is lost.
Only if your claim is successful would a small fee be deducted from your compensation at the end of the claim. This success fee is payment for your solicitor’s work, and the percentage that is taken is limited in line with The Conditional Fee Agreements Order 2013, to ensure you receive the bulk of your compensation.
Get In Touch With Our No Win No Fee Solicitors
To see if you can be put in touch with one of our No Win No Fee solicitors, please contact our advisors today to discuss your situation and take your first steps towards claiming:
- Call us on 0800 073 8801
- Fill out our online contact form
- Use our live chat
More Information
Read our other guides about:
- How to make an X-ray medical negligence claim
- Claims for paralysis after surgery
- Pancreatic cancer misdiagnosis claims
Helpful external resources:
- How to claim Statutory Sick Pay from GOV.UK
- Advice from the NHS about cosmetic procedures
- NHS guidance about chemical burns
Thank you for reading our cosmetic surgery negligence guide.
