Have you suffered negligence in cosmetic surgery?

Wake Smith Solicitors 02 August 2017

We are surrounded in today’s world by images of the so-called perfect body and face.

With invasive surgery, to enhance the way we look, easily accessible on the high street in the UK, it is now easier than ever to book in for a procedure whether its a face lift, Botox, breast implants or nose reshape.

What should you be aware of before going under the knife and how can you plan ahead for any potential pitfalls.

Solicitor Scott Haslam from Wake Smith’s medical negligence team explores.

He said: “Not many people are aware of the largely unregulated industry for cosmetic surgery here in the UK.

“Everyone has seen the headlines in the nationals, and even local media, about cosmetic surgery that went wrong. The PIP breast implant scandal revealed that protection is lacking for people suffering negligence in this industry whether it be through product testing or clinics going bust to avoid huge payouts.

“Breast surgery was back in the news again earlier this year when disgraced surgeon Ian Paterson, who carried out unnecessary cancer operations and reconstructive surgery, was struck off costing the NHS a staggering £17.8m in damages and defence costs.

“So, where do you stand when it comes to needing legal advice or representation for a cosmetic surgery claim? Do you have the right to claim compensation when something has not turned out the way it was meant to?

“As solicitors we examine whether you have a potential claim or not. Cosmetic surgery is no different to any other compensation claim. There has to be evidence of negligence for you to make a claim.

“Every cosmetic surgeon has a duty of care to you to ensure your safety and wellbeing during, and after, an operation and to avoid any unnecessary trauma. Good practitioners will be suitably qualified, inform you about the benefits of cosmetic enhancements, discuss the risks in detail, outline other alternatives available, and give you time to make a decision.

“They should discuss, and be clear on, the intended outcome. Most cosmetic surgery enquiries we receive are from people who are unhappy with the result, rather than the procedure itself.

“You should also know what follow up package is included in the costs. What if things go wrong? Who will pay for further treatment?

“It is also a good idea to make sure you take photographs before, and after, the procedure. This can be helpful if you need to make a complaint after the procedure, or in the event that you have to make a claim.

“Negligence typically comes from a mistake, or an unexpected result. There is a big difference between suffering due to an inherent risk and suffering because someone has made an error, and it is important to make sure you take legal advice from a specialist medical negligence lawyer to guide you on the strength of your claim. 

Typical examples of compensation claims could be:

  • Breast enhancement resulting in an abnormal shape or dropping of the breasts
  • Disfigurement or extensive scarring following a beauty procedure eg liposuction
  • Perforated bowel following a cosmetic procedure eg tummy tuck
  • Breast reduction resulting in unevenness or unexpected and unsightly scarring
  • Nerve damage during a facelift, Botox or other another dermatological fillers

“Above all it is extremely important to be realistic at all times during the cosmetic surgery process. Cosmetic surgery does not make a person perfect or change their lives, but a good surgeon should be completely honest with you about the expected outcome.”

If you feel there has negligence during your medical procedure please talk to one our specialist medical negligence solicitors. They can assess your case and give you an honest answer about a potential claim.

Call the medical negligence team at Wake Smith on 0114 266 6660 or at [email protected]

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