When you make the decision to undergo cosmetic surgery you are hoping that it will improve your life. The reasons for doing so can be deeply personal and whilst the vast majority of surgeries are completed successfully, sometimes things can go wrong. This can cause significant physical and psychological problems. If something has gone wrong for you, we hope that this guide on cosmetic surgery claims can help you as you decide your next steps.
Medical negligence (sometimes known as clinical negligence) is the term used to describe medical care that has fallen below the accepted standard. If those treating you have been negligent, you could be able to make a claim. We will go through the criteria needed for this process as well as the likely evidence needed. In addition, we discuss the time frame in which a case must be brought.
As compensation for negligent cosmetic surgery is likely important to you, we will explain how damages are calculated in this type of case. We will also demonstrate how one of the expert cosmetic surgery negligence solicitors from our panel could help you with a No Win No Fee claim.
You can use the menu below to navigate this guide, or if you would like to speak to an advisor right away, you can:
- Call us on 0800 408 7825
- Contact us with this online claim form
- Interact with the live chat box on your screen
Browse Our Guide
- What Is Cosmetic Surgery?
- What Are Cosmetic Surgery Claims?
- What Is Considered Cosmetic Surgery Negligence?
- Is There A Time Limit For Cosmetic Surgery Claims?
- How Long Can A Cosmetic Surgery Claim Take?
- How Much Can Cosmetic Surgery Claims Be Worth?
- Why Make A No Win No Fee Cosmetic Surgery Negligence Claim?
- More Resources About Medical Negligence Claims
What Is Cosmetic Surgery?
Cosmetic surgery is a medical procedure that changes a person’s physical appearance for non-medical or aesthetic reasons. Some of the common forms of cosmetic surgery include:
- Facelifts
- Laser eye surgery
- Breast augmentation
- Liposuction
- Rhinoplasty (or nose shaping)
- Otoplasty (ear surgery)
- Brow lifts
- Eyelid surgery
What Are Cosmetic Surgery Claims?
As a patient undergoing cosmetic surgery, those operating on you and treating you owe you a duty of care. This duty is that they must meet the minimum standard of acceptable care. If they fail to uphold this duty, then you could suffer avoidable harm.
In medical negligence claims, three things are needed to be successful:
- You were owed a duty of care (this is automatic as a patient)
- This duty was breached (i.e. the standard of care fell below the minimum accepted standard)
- There was avoidable harm caused because of the breach
When all three elements are present, then a cosmetic surgery claim can be made. If you think you meet these criteria or are generally unsure if you received negligent treatment, you can get in touch with us for a free case assessment. To further discuss cosmetic surgery claims, please use the details at the top of this page to speak to us.
What Is Considered Cosmetic Surgery Negligence?
It can be hard to think of how a surgeon or other treating medical professional could fall below the required standard. To help think about this, here are some examples of likely breaches of duty:
- The surgeon fails to sterilise their hands before surgery, resulting in a significant infection.
- A defective product is used in the procedure such as a faulty or damaged breast implant.
- The surgeon slips and injures a patient with a scalpel, leaving them with facial scarring.
- Doctors forget to ask a patient if they have any allergies, and this causes an allergic reaction to the anaesthetic used or to the latex found in the surgical gloves used.
- During the operation, some medical gauze is left inside a patient. This causes serious illness and requires a second operation to remove it.
There are many ways that medical professionals can breach their duty to you. If you would like to discuss your exact circumstances, why not reach out to a knowledgeable advisor?
Is There A Time Limit For Cosmetic Surgery Claims?
Any claim for medical negligence must be made within 3 years of the date of the incident occurring. Sometimes, it might not always be obvious that you have suffered harm after a breach of duty. In these circumstances, the time period begins to run once you realise (or reasonably should have realised) that negligence has occurred.
There are some exceptions to this rule. The most likely to apply in cosmetic surgery claims is where the breach of duty has caused a serious injury, and the patient now lacks the mental capacity to bring a claim. The time period is paused in this instance. If capacity is regained, then the time limit of 3 years runs from this date. If capacity is never recovered, then there is no time limit.
A litigation friend can bring a claim on behalf of someone else who lacks capacity. It will usually be a responsible person, such as the patient’s parent, spouse or sibling. It does not necessarily have to be a family member. You can apply to the court to act in this capacity as part of the proceedings.
If you would like to check to see if you are within the time limit to bring your case, you can contact us 24 hours a day, 7 days a week.
How Long Can A Cosmetic Surgery Claim Take?
The length of time that it takes to conclude a case can vary, as all cosmetic surgery claims will have unique elements. Factors that determine how long the case takes include:
- The severity of the injuries involved
- If there is a need for rehabilitation
- Whether or not there is a clear prognosis for the future
- If the defendant accepts liability or chooses to dispute your case
- Whether court proceedings are necessary because a settlement cannot be reached
- How busy the court timetable is
The solicitors from our panel will work diligently to bring your case to a conclusion in a timely manner. To check your eligibility to claim, you can call an advisor today.
How Much Can Cosmetic Surgery Claims Be Worth?
Damages in cosmetic surgery claims are made up of damages for the injuries and harm suffered. They can also include financial losses if the injuries caused them (if applicable).
The damages for physical pain and mental suffering are known as general damages. It is important to note that they can include both physical and psychological injuries. The factors that influence how much compensation is awarded for a particular injury include:
- The pain and suffering caused
- Loss of enjoyment of life
- The severity of the injury
- Long term prognosis
To help assess factors such as these, an independant medical report can be obtained. This could require you to attend a medical appointment and this is usually arranged at a convenient time by your solicitors (should you choose to use one).
A medical report can be used with the Judicial College Guidelines to help those attempting to value your general damages. The JCG contains a wide range of injuries and gives compensation guidelines for them.
Below is a table of injuries from the JCG, and also included are the corresponding compensation guidelines. These are not guaranteed figures and are simply guidelines. Please note that the top line entry does not come from the JCG.
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple Severe Injuries and Financial Loss | Serious | Up to £1,000,000 plus |
| Brain Injury | Very Severe | £344,150 to £493,000 |
| Moderate (i) | £183,190 to £267,340 | |
| Moderate (iii) | £52,550 to £110,720 | |
| Eyes | Total Blindness | In the region of £327,940 |
| Total Loss of One Eye | £66,920 to £80,210 | |
| Psychiatric Damage Generally | Severe | £66,920 to £141,240 |
| Moderately Severe | £23,270 to £66,920 | |
| Facial Scarring | Very Severe Scarring | £36,340 to £118,790 |
| Significant Scarring | £11,120 to £36,720 |
It is possible for injuries to cause financial losses in cosmetic surgery claims. If this is the case, they can be added to the claim and are called special damages. Common special damages items in medical negligence cases can include:
- Corrective surgeries
- Loss of earnings (past losses and future ones)
- Reduced pension entitlement (due to missed payments)
- Care costs
- Rehabilitation and treatment fees
- Adaptations to homes or vehicles
There are other items of special damages, and if you have something in mind you would like to ask whether it is claimable or not, you can get in touch with us.
Why Make A No Win No Fee Cosmetic Surgery Negligence Claim?
One of the main worries you may have in bringing a cosmetic surgery compensation claim against a medical professional is being able to afford to pay your solicitor’s fees. Fortunately, the solicitors on our panel can offer you a Conditional Fee Agreement (CFA) if your case is accepted.
A CFA is a type of No Win No Fee agreement that has some benefits that you should be aware of:
- There are no upfront fees due to the solicitor at the start of the case
- As your case progresses, you will not be asked to pay the ongoing fees of your solicitor
- If your case is unsuccessful, there are no solicitors fees to pay
In successful cases, a success fee is due to your solicitor. This is deducted from the compensation that has been awarded to you as a percentage. The size of the percentage is legally limited so you will always keep the majority of your compensation. The percentage size is also agreed upon with you before your case begins.
To explore if you can work with one of the cosmetic surgery solicitors from our panel, you can get in touch with us by:
- Call us on 0800 408 7825
- Contact us online to make a cosmetic surgery claim
- Interact with the live chat box on your screen
More Resources About Medical Negligence Claims
Here are some further guides on the topic of medical negligence:
- Learn how to make a medical negligence claim in Scotland
- Here is a guide about oesophageal cancer misdiagnosis
- Explore when you can claim if you are prescribed the wrong medication
These are some external resources for consideration:
- Here is the General Medical Council’s guide to good medical practice
- Consider the Royal College of Surgeons of England’s guide to good surgical practice
- The British Association of Aesthetic Plastic Surgeons perform annual audits, and the results are very interesting.
Thank you for considering our guide about cosmetic surgery claims.
