Over the years, cosmetic surgery has become more and more accessible which means it’s not just something that’s available to celebrities. Some people use cosmetic surgery to rectify a birth defect while others use it to enhance their body in one way or another. Common procedures include Botox injections, breast implants, and cosmetic dentistry. While most are happy with the outcome of their treatment, there are times when cosmetic surgery goes wrong.
In this cosmetic surgery claims guide, we’ll explain when a compensation claim might be needed if you’ve suffered because of negligent treatment. As we progress, we’ll explain how the claims process works.
Our team of specialist solicitors may be able to help you claim if you’ve suffered an avoidable injury following cosmetic surgery gone wrong. Claims can include both physical and psychological injuries. If your case is taken on, a solicitor will be appointed to work for you on a No Win No Fee basis.
Please call when you’re ready to begin or continue reading for more advice on making a cosmetic surgery claim for compensation.
Why Might You Make A Cosmetic Surgery Claim?
Whether you are having plastic surgery or dermal filler treatment, you would expect that a fully trained practitioner or surgeon would ensure your treatment is successful. In fact, they have a duty of care to try and keep you safe whilst they are treating you. If you’ve suffered in some way because of the surgery, you could make a cosmetic surgery claim if:
- The person treating you acted negligently in some way; and
- You were made ill or suffered an injury because of that negligence.
You must also be able to prove that the error led to your suffering.
When making a cosmetic surgery compensation claim, evidence is vital. Therefore, to help demonstrate what went wrong, who was to blame, and how you were affected, you could:
- Take photographs of any visible injuries.
- Ask anybody who might have been with you if they’d be willing to provide a witness statement.
- Collate any emails, leaflets, or other materials that you were given prior to your treatment.
- Report your injuries to the company that performed your treatment (in writing).
- Seek medical advice at a GP surgery, minor injuries unit, or A&E.
- Make a note of any costs or financial losses you’ve incurred because of the treatment.
When you are ready and have taken as many steps above as possible, you can call our team now for a free review of your case on 0800 6524 881. Any advice given is on a no-obligation basis so there is nothing to lose by calling.
What Types Of Cosmetic Surgery Negligence Lead To Compensation?
It is worth noting that all types of cosmetic surgery carry some risks that can cause problems with your health or appearance. As part of your cosmetic procedure, these risks should be explained to you. It is also worth stating that if you sign a waiver before your treatment, you are still able to seek compensation if the treatment was performed negligently and caused problems.
The list below shows some of the most popular cosmetic surgery treatments that might lead to a compensation claim if they’re performed incorrectly:
- Botox injections.
- Chemical peel.
- Tummy (Abdominoplasty) tucks.
- Plastic surgery.
- Breast augmentation.
- Ear surgery.
- Cosmetic dentistry.
- Eyelid surgery.
As mentioned previously, if you have been injured following cosmetic surgery, you should seek medical attention. This will mean that medical records can be used to show how you suffered if you decide to claim compensation. Also, if cosmetic surgery goes wrong, and you make a claim because you didn’t get the results you were expecting, your solicitor can arrange for a medical review to find out the cost of remedial treatment.
How Much Compensation For Cosmetic Surgery Negligence?
Compensation amounts in cosmetic surgery claims are difficult to calculate without knowing the details of exactly what’s happened. That’s because no two cases are the same. Because of this there are various factors used to determine how much compensation will be awarded. They include:
- The level of pain that resulted from your injuries.
- Whether your injuries were visible or hidden i.e. a facial scar may have a larger impact than scarring caused by a negligent tummy tuck.
- How the negligence has affected you financially i.e. have you lost any income or paid for medication to relieve your symptoms.
If you call our personal injury team, they’ll be able to ask a solicitor for a personalised compensation estimate once your case has been reviewed. You can call us 24/7 for free legal advice on your options, use our live chat service, or fill in one of the call-back forms on the page to have us call you at a convenient time.
If it looks like your case is strong enough, and you agree to proceed, one of our personal injury solicitors will be appointed to your case. Importantly, they’ll make the process easier and less stressful by operating on a No Win No Fee basis.
Cosmetic Surgery Negligence Compensation Calculator
While we can’t realistically list all of the numerous injuries that could be claimed for following botched cosmetic surgery, you can use our cosmetic surgery compensation calculator below which demonstrates the range of compensation that could be paid for certain injuries. However, you could potentially claim for:
- Physical injuries such as scarring.
- Allergic reactions.
- Burns and scalds.
- Psychological injuries such as anxiety and distress.
Additionally, any financial impact could be included in your claim too. This can include:
- Lost income.
- The cost of remedial treatment.
- Travel expenses.
- Medication costs.
Don’t worry if your injury isn’t listed in the calculator. Our specialists will be able to advise on what your claim might be worth after your free case review.
Please note that these figures are for guidance only. There is no guarantee of how much compensation will be paid if your case is successful.
Starting A Cosmetic Surgery Claim
The importance of getting your cosmetic surgery claim right cannot be stressed enough. You only have one chance to claim and, once you have settled, you can’t ask for more compensation later on. For that reason, we believe you should use a specialist personal injury solicitor. Their experience and legal skills should improve your chances of winning and could mean you receive more compensation as well.
Our team of solicitors have been representing our clients in personal injury and cosmetic surgery claims for years. If your claim is taken on, they’ll try to ensure you are compensated for all aspects of your suffering. What’s more, they’ll represent you on a No Win No Fee basis so you won’t pay any solicitor’s fees if the case is unsuccessful.
If you’d like a specialist to consider your case today, call us on now 0800 6524 881. Whether you go on to claim or not, you’ll receive free legal advice and all of your options will be explained. We try to make the claims process as straightforward as possible from beginning to end.
Cosmetic Surgery Claims Time Limits
The Limitation Act 1980 means that personal injury claims have a 3-year time limit. Therefore, when making a cosmetic surgery claim, you’ll need to act swiftly so that you don’t lose compensation because your claim was started too late.
Usually, the 3-year time limit starts from the date of your cosmetic surgery. However, if your injuries or illness isn’t diagnosed and linked to your treatment until later on, your 3-years will begin from the date of knowledge.
Ideally, you should contact a medical negligence solicitor as soon as possible to give them plenty of time to gather the evidence needed to support your claim. If you have less than 6-months of your time limit left, please call to check whether a solicitor is still able to represent you.
The claims process can be resolved in around 6 to 9 months if the defendant admits liability for your injuries and their negligence. However, medical negligence claims can take longer if the case is contested and requires further investigation.
For a free review of your case, contact us today. Your case will be reviewed on a no-obligation basis and you’ll receive legal advice about your options.
Something Else To Consider In Cosmetic Surgery Claims
When you ask a cosmetic surgeon to treat you, they should conduct a consultation with you. During the meeting, the risks of surgery and alternative treatments should be explained. After you’ve consented to be treated, a two-week ‘cooling off’ period should be allowed to let you reflect on your decision.
If you did not receive a consultation or there wasn’t the opportunity to consider your decision, the surgeon may have acted negligently. This is another reason why you might be entitled to seek compensation.
Please call today if you’d like to know more about claiming. If your cosmetic surgery claim is taken on, one of our solicitors will present your case clearly and concisely to try and ensure you are fully compensated for your suffering.
Updated 13th August 2021.