If you have suffered necessary harm following a cosmetic procedure, you may be wondering whether you could be eligible to claim compensation. Within this guide, we will explain the eligibility requirements all plastic surgery negligence claims must meet in order to be considered valid.
Leading from this, we will provide some examples of how plastic surgery negligence could occur. We also provide an illustrative case study for a £100,000 compensation payout for a successful cosmetic surgery negligence claim.
This guide also explains how compensation is calculated in medical negligence claims and the different heads of loss you could be awarded to form your final settlement. We end this guide by discussing how a No Win No Fee solicitor from our panel could help you through the claiming process.
If you are considering claiming cosmetic surgery compensation, we’re here to help. As part of our free initial consultation, we’ll answer your questions and provide free legal advice. What’s more, if your claim is valid, we could connect you with one of the No Win No Fee medical negligence solicitors from our panel.
If you would like to discuss your potential cosmetic surgery claim, you can contact a member of our advisory team. They can also help answer any questions you may have about starting a claim.
To speak to us about your plastic surgery claim, you can:
- Call our advice centre on 0800 408 7827
- Ask a question using our live chat pop-up.
- Contact us online so that we can arrange a callback.
Browse Our Guide
- When Are You Able To Make Plastic Surgery Negligence Claims?
- Examples Of Plastic Surgery Negligence
- Case Study: £100,000 Payout In Surgical Negligence Compensation
- How Much Compensation For Plastic Surgery Negligence Claims?
- Use No Win No Fee Medical Negligence Solicitors To Claim
- More Resources About Medical Negligence Claims
When Are You Able To Make Plastic Surgery Negligence Claims?
As a medical professional, your cosmetic surgeon owes you a duty of care. Per their duty of care, they must ensure that they provide you with the minimum expected standard of care. If the care they provide falls below this standard, you may suffer harm that could have otherwise been avoided.
All plastic surgery negligence claims must be able to meet the following criteria in order to be valid:
- The medical professional treating you owed you a duty of care.
- That duty was breached.
- As a result, you have suffered harm that was unnecessary.
Together these form the basis of medical negligence. You must be able to meet all of them to make a medical negligence claim.
Examples Of Plastic Surgery Negligence
As aforementioned, to be able to make a cosmetic surgery compensation claim, you will need to show that you suffered avoidable harm due to a cosmetic surgeon breaching their duty of care. There are various ways that someone could be harmed during a cosmetic procedure. Some examples include:
- You suffered sepsis after your surgical wounds were not cared for correctly while you were in hospital.
- Defective breast implants were used during your surgery, which meant you needed further surgery after one ruptured inside you.
- You suffered avoidable nerve damage because your surgeon did not pay close enough attention during your procedure.
These are just some examples of how plastic surgery can go wrong. If you have any questions regardings claims for medical negligence in cosmetic surgery, you can contact one of our advisors.
Case Study: £100,000 Payout In Surgical Negligence Compensation
In this figurative case study, we discuss how a patient received a £100,000 compensation payout for negligent cosmetic surgery.
Ms Jones decided that she’d like a facelift to remove loose skin around her chin and to achieve tighter skin around her neck.
After the first facelift, Ms Jones was left with visible scarring and had pain in her jaw caused by nerve damage. Ms Jones decided to seek legal advice and finally instructed a solicitor to make a plastic surgery compensation claim.
Eventually, it was agreed that the surgeon had not provided enough information about the risks of the facelift and that they had not used the correct procedures during surgery.
As a result of the physical pain and suffering and the embarrassment caused by the botched plastic surgery, Ms Jones was awarded £100,000. This also covered the cost of further treatment with another surgeon plus loss of earnings for when her injuries stopped her from working.
If you’d like advice on how to make a medical negligence claim following plastic surgery, why not call our team today?
How Much Compensation For Plastic Surgery Negligence Claims?
If your plastic surgery claim is a success, you’ll receive a compensation payout. Two heads of loss could form your final settlement.
The first is general damages and it is awarded in all successful cosmetic surgery claims. It is designed to compensate you for the pain, suffering and harm you have expereinced due to a medical professional failing to adhere to their duty of care.
Those calculating this compensation for your claim may refer to the compensation guidelines listed within the Judicial College Guidelines (JCG). Any medical evidence you have provided may also be used to evaluate the extent of your suffering.
Compensation Table
Using some of the compensation guidelines listed within the JCG, we have created the following table. These entries may be applicable to plastic surgery negligence claims. Please note that the first entry has not been taken from the JCG, and this table should only be used as a guide.
Harm | Level | Settlement Bracket | Extra Information |
---|---|---|---|
Multiple Severe Forms of Harm Along With Special Damages | Severe | Up to £300,000 + | Compensation for multiple severe forms of harm and their financial losses, including medical costs, lost earnings and travel expenes. |
Psychiatric Damage Generally | Severe | £54,830 to £115,730 | The prognosis will be very poor and the person will struggle to cope with daily life and work and their relationships will be impacted. |
Facial Disfigurement | Very Severe Scarring | £29,780 to £97,330 | Based on very disfiguring cosmetic effect in claimants (typically teenagers to early 30s) as well as severe psychological reaction. |
Less Severe Scarring | £17,960 to £48,420 | Substantial physical disfigurement and significant psychological reaction. | |
Bladder | Serious Impairment of Control | £63,980 to £79,930 | This will cause some incontinence and pain. |
Bowels | Severe Abdominal Injury | £44,590 to £69,730 | Function will be impaired and usually requires a temporary colostomy that causes disfiguring scars. |
Digestive System | Damage Resulting From Traumatic Injury (i) | £43,010 to £61,910 | Continuing discomfort and pain due to severe damage. |
Chest | Chest and Lung Damage | £31,310 to £54,830 | This damage will cause some continuing disability. |
Scarring to Other Parts of the Body | Noticeable or Disfiguring Scars | £7,830 to £22,730 | Multiple noticeable scars or one disfiguring scar ion the back, chest, hands, legs or arms. |
Financial Losses From A Medical Negligence Claim
The second head of loss that may be included within compensation settlements for successful cosmetic surgery negligence claims is special damages. This is designed to compensate you for the financial harm the medical negligence has caused you.
This may include:
- The cost of remedial plastic surgery and other medical expenses.
- Loss of income due to needing to take time off work.
- Travel costs to and from essential appointments.
Any financial losses will need to be proven with receipts, bank statements or other forms of financial documentation.
If you have any questions regarding how compensation is awarded in plastic surgery negligence claims, you can contact a member of our advisory team. They could also provide you with a free valuation of your case.
Use No Win No Fee Medical Negligence Solicitors To Claim
Provided that you have a valid claim, one of the specialist cosmetic surgery solicitors on our panel could help you with your case. As part of their services they could help you with gathering evidence to support your case, guide you through the cosmetic surgery claims process and negotiate a settlement on your behalf.
Additionally, they may offer to represent you on a No Win No Fee basis. Specifically, they may offer you a Conditional Fee Agreement. When claiming under this arrangement with a solicitor, you will not need to pay them for their work:
- Prior to the claim starting.
- During the process of your claim.
- If you are not awarded compensation following an unsuccessful claim.
However, you will need to pay your solicitor a success fee if you are successfully awarded compensation. Your solicitor will take this fee directly out of your compensation as a legally limited percentage.
Contact Us About Your Cosmetic Surgery Claim Today
If you have any questions regarding cosmetic surgery compensation claims, you can contact our friendly team of advisors. In addition to answering your questions, they can assess the validity of your case, offer you free advice and potentially connect you with a No Win No Fee solicitor on our panel.
To reach our team today, you can:
- Call 0800 408 7827
- Ask a question using our live chat.
- Contact us online to organise a callback.
More Resources About Medical Negligence Claims
Here are a few more of our medical negligence claims guides:
- Advice on how to claim for GP or doctor negligence that’s caused you to suffer unnecessary harm.
- Details on claiming for delayed breast cancer and the potential compensation you could receive.
- Information about the maximum compensation payouts for hospital negligence claims in the UK.
Also, we’ve provided a few external links that might help too:
- Information on plastic surgery from the NHS.
- Information on the professional duty of candour for medical professionals from the General Medical Council (GMC).
- Details on how to claim Statutory Sick Pay (SSP) if the medical negligence required you to take time off work from Gov.UK.
If you have any further questions regarding plastic surgery negligence claims, you can contact a member of our advisory team.