Posted in: Medical negligence
Date published: 11/02/2019
Cosmetic and plastic surgery are most commonly associated with the highly technical and specialised areas of reconstructive surgery conducted by NHS-trained consultants in hospital theatres. However, there are very widespread forms of ‘non-surgical’ cosmetic procedure that can be carried out by unregulated practitioners in high street salons. These treatments are quicker and cheaper than ‘going under the surgeon’s knife’, but non-surgical procedures, although considered not as ‘invasive’ as cosmetic surgery, can have serious medical consequences if not carried out properly.
The risks of poorly administered procedures, such as Botox injections, dermal fillers and laser hair treatment are higher as treatments can be provided by anyone, regardless of their knowledge, expertise or qualification. When they go wrong they can lead to allergic reactions, bleeding, infection, disfigurement and, in the more extreme cases, even paralysis.
Although the number of cosmetic surgeries performed in the UK has decreased over the years, reaching a peak of over 51 thousand procedures in 2015, it still stands at over 28 thousand in 2017. Compare that to the more than 11 million largely unregulated non-surgical procedures performed in 2016, and it is clear that there is a pervasive acceptance of non-surgical procedures.
Whilst all cosmetic surgeries and non-surgical procedures involve risks, the person carrying out the treatment still owes you a Duty of Care. If your procedure has gone wrong, or you are unhappy with the result of your treatment, you may be entitled to make a claim for compensation.
Common cosmetic surgery and non-cosmetic procedure claims
To be successful, you must prove that it is more likely than not, that the person carrying out the procedure did not meet reasonable standards.
Examples of common types of claim are set out below:
- Failure to obtain informed consent
- Breast enlargement and reduction
- Facelifts (ryhtidectomy)
- Eyelid surgery (blepharoplasty)
- Botox and dermal filler treatment
- Nose reshaping (rhinoplasty)
- Ear reshaping (otoplasty)
- Brow lifts
- Laser skin resurfacing
- Laser hair removal
- Cosmetic dentistry
- Eyelash tinting
- Tummy tucks or gastric band surgery
- Liposuction
Your legal rights
Whether or not the non-cosmetic procedure or cosmetic surgery is performed under the NHS or privately, the surgeon, doctor, health professional or trained practitioner must exercise reasonable skill and care. If they do not, you have the legal right to claim damages for your pain and suffering, and other losses incurred.
You may also make a formal complaint in an effort to receive an apology and other forms of redress, such as a change in working practice.
If you believe you have suffered injury as a result of a cosmetic surgery or a non-surgical procedure, it is important to seek advice from a specialist clinical negligence solicitor without delay.
You only have three years from the date of procedure, or knowledge that the procedure was the cause of your injury, to bring your claim to court. Our clinical negligence law team will be able to determine whether you have a claim and then work on your behalf on a no win, no fee basis, making sure you receive 100% of the compensation awardee in your personal injury claim.
If you would like to speak to a member of our clinical negligence team to discuss your potential case, please call us on 0330 107 0107 or complete our online enquiry form.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
- Publisher Details
Published by:
Daxa Patel – Partner & Solicitor
Clinical Negligence – IMD Solicitors LLP
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