Over the past 30 years, cosmetic procedures have become increasingly common. Unfortunately, though, they do not always go to plan.
We understand the devastating impact this can have on your life. A poorly-done cosmetic procedure, such as lip fillers, botox, liposuction, breast augmentation, or dental surgery, can cause significant damage to your health, your confidence, and your wellbeing.
However, you may be able to make a claim for compensation. This article looks at how to make a claim if a cosmetic procedure has gone wrong.
Cosmetic procedures gone wrong: The first steps
If you have instructed a professional to carry out a cosmetic procedure, you are entitled to a certain level of care. If you believe the professional has done something wrong or acted negligently, you may be able to bring a claim. In the first instance, we would recommend trying to resolve this with the organisation that carried out your procedure. The practitioner may recommend a further procedure to rectify what you are unhappy with, and they should have a formal complaint process.
However, in some cases, patients are left with chronic pain or lifelong injuries, including scarring, and further surgery may be of no use.
One problem is that not all individuals offering cosmetic treatments are licensed. It is strongly advised that you find out whether the practitioner you want to use is qualified and medically trained. By doing so there is less risk of injury, better expertise, and they’ll take specific steps to ensure you’re well cared for – for example, checking allergies, medications, and so on.
If you have suffered a significant injury due to a negligent cosmetic procedure, whether they are licenced or not, we would advise that you contact a medical negligence specialist for guidance.
Within our personal injury team, we have a number of experienced solicitors who specialise in cosmetic surgery negligence claims. They will be able to evaluate your circumstances and decide whether you have grounds for a claim.
Informed consent
When you undergo any medical procedure, including rhinoplasty, breast augmentation, a gastric band operation or liposuction, the medical professional has a duty to obtain the patient’s ‘informed consent’.
Informed consent means that the clinician carrying out the procedure has made you aware of all of the potential risks and proposed benefits before proceeding. Usually, you will have to sign a consent form, acknowledging your understanding of the risks and giving your agreement to undergo the procedure.
If you were not aware of what could go wrong and you then suffered such complications, you may be able to bring a claim for damages due to the failure to obtain your informed consent.
Making a claim for a cosmetic procedure gone wrong
There are various elements to making a successful claim for a cosmetic procedure gone wrong which are set out below.
Time limit
There are strict time limits for bringing a claim. You must bring a claim within three years of the date of the procedure or within three years of realising that you had suffered an injury.
You must have suffered an injury
It is not enough that the practitioner acted negligently; you must have suffered an injury to claim compensation. An injury includes scarring, burns, severe allergic reaction or infection.
You must be able to prove the practitioner acted negligently
The professional must have exercised the standard of care that could be reasonably expected of a person in that role. Whether or not a mistake was ‘negligent’ is often the key factor in cosmetic injury cases.
No Win No Fee
When it comes to medical negligence, our personal injury team offers peace of mind by operating on a no win, no fee basis. This means that if you do not win the claim, you won’t have to pay. With this approach, our team will evaluate your circumstances upon your enquiry and only act for you if they believe you have a strong chance of success.
If you are concerned about a cosmetic procedure gone wrong, please do reach out to our team using our contact form or by calling us on 0161 969 3131.