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Cosmetic surgery comes with the same risks as other surgeries; therefore, you are owed the same duty of care. Negligence can lead to life-changing injuries.
Making a Cosmetic Surgery Claim
If you have undergone a cosmetic procedure through a private or NHS surgeon but believe that you did not receive an adequate level of care, were misled, or even pressured, you may be entitled to make a cosmetic surgery claim.
Examples of cosmetic surgery negligence can include, foreign objects left in the body, incorrect or poor quality implants being used or surgery being performed at the wrong area of the body.
What types of cosmetic surgery can you claim for?
Cosmetic surgery is no different to any other type of surgery, and there are always risks associated with it. It also means that almost any type of surgery has the potential for negligence to occur, and lead to serious injury to you or a loved one. At Blackwater Law, we deal with many different types of cosmetic surgery negligence, including but not limited to:
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What can you do if your plastic surgery goes wrong?
If you are planning on undergoing cosmetic surgery, it is always advisable to ensure that you chronicle and note your interactions with your surgeon. The reason for this is that should the worst happen, you have a detailed log of all your interactions, which could help with future legal action.
As well as noting your experience, ensure that you ask your surgeon as many questions as possible, so that you are confident in your understanding of the procedure and the surgeons.
If your surgery has gone wrong, or you believe mistakes have been made, your first action should be to contact your surgeon to discuss your concerns. You may be able to negotiate further procedures to ensure you are both happy with the end results.
If this is not possible, you can make a complaint to the surgery, and the General Medical Council, which deals with all medical practitioners. You can also further your complaint to the Care Quality Commission (CQC), which regulates all healthcare in the UK
Your next option would be to contact a reputable solicitor, who can then assist you in claiming compensation for your botched procedure. Your solicitor will establish a timeline of events (where your notes could help) and confirm if there is a good case for negligence.
How long after cosmetic surgery do you have to claim?
If you are unhappy with your surgery, or you believe that a surgeon may have acted negligently, you have a relatively small window to begin your claim.
Under The Limitation Act 1980, you have a three-year time limit from when the original surgery occurred, or a resulting condition was diagnosed.
This three-year period will include several stages. Firstly, find a solicitor and allow them time to research and put together your case (if there is one). Communication must be had between your solicitors, the surgeon and their representatives. Finally, time must be taken to find a court date and begin proceedings.
Considering these time constraints, it is crucial that as soon as you think a problem has arisen, or you’re diagnosed with something that could amount to needing compensation, you must begin to make complaints or contact a solicitor.
It is also worth noting that these rules are specific to the UK. Any procedure carried out abroad is subject to that country’s laws and regulations.
Blackwater Law medical negligence solicitors successfully represented Mr P in a compensation claim for surgical negligence against Barking, Havering & Redbridge University Hospitals Trust.
How much could a cosmetic surgery claim be worth?
If you can prove that your cosmetic surgeon breached their duty of care to you, and has caused harm, you may be entitled to compensation.
However, as with all cases of medical negligence and personal injury, the amount of compensation you would be entitled to is dependent on a variety of personal factors. Your compensation will be personal to you, depending on how severely the injury has affected your life.
It is therefore difficult to put an exact figure on how much compensation you would be entitled to.
If you wish to pursue your claim, compensation can range from smaller payments to larger sums of money if the damage is severe enough.
I chose Blackwater Law straight away after just one phone call and I’ve never regretted it from that day to this.
Mr Shaw
Choosing your cosmetic surgery solicitors
At Blackwater Law, we have the expertise and care to guide you through making a successful cosmetic surgery compensation claim. Your cosmetic surgery solicitor can help you recover compensation for the harm and distress you may have suffered, as a result of negligent cosmetic surgery.
Speak with us today, to begin your no-win no fee cosmetic surgery claim, and get free initial legal advice about your case.
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