Cosmetic Surgery Claims

Our attitudes to cosmetic surgery have changed over the last decade.  Procedures such as breast augmentation, liposuction and nose reshaping are now commonplace.  However, as more patients opt for cosmetic surgery, the number of cases of cosmetic surgery negligence are also on the increase.

Cosmetic surgery claims differ from more traditional medical negligence claims in that the defendant is frequently a limited company rather than the NHS, and this can raise some interesting legal issues.

Most patients undergoing cosmetic surgery will have to pay privately for their treatment and will frequently enter into a legal contract with an intermediary, generally a private clinic.  Companies and clinics advertising cosmetic surgery will often try to distance themselves from liability for any negligence of the surgeon.  However, the wording of these contracts must be looked at carefully as if the company has provided an express warranty as to the representations it makes, then a certain standard of care will expected.  If, for example a company has advertised the surgeon to be the `best’ in this field, or the clinic to be a `centre of excellence’ then a patient can reasonably expect a higher standard of care and skill.

All cosmetic surgery carried out at an establishment in England is likely to count as an ‘independent hospital’ within the meaning of the Care Standards Act 2000, and must therefore be registered.  There are also national minimum standards (imposed by Government) which, whilst they do not attract the force of law, must nevertheless be taken into account when an independent hospital seeks registration.   These standards set, for example, the minimum time between an initial consultation and the procedure to be undertaken.  Most healthcare experts would advise that a patient should have at least a two week period between the initial consultation and the procedure to enable the patient adequate time to reflect on their choice and ‘cool off’.  There is also guidance about psychological counselling which is recommended in most cases. 

As well as following these procedures, patients about to undergo cosmetic surgery must also be provided with a written guide, to include the terms and conditions of the contract.  

When cosmetic surgery goes wrong the victims often suffer the lasting effects of scarring and psychological trauma. We are mindful of these difficulties and will try to ensure you get your life back to normal as swiftly as possible. 

As well as recovering compensation for your ‘pain and suffering’ our experienced cosmetic surgery solicitors will also pursue a claim for your financial losses, including the cost of any private revision operation that might be necessary to put the problem right. Commencing a claim can also draw attention to poorly skilled cosmetic surgeons and poorly run clinics. It might be too late to prevent you being harmed, but it will help to prevent other patients going through a similar ordeal. 

Solicitor, Sam Robson, specialises in the complex field of cosmetic surgery claims. Details of the full cosmetic surgery claims services Sam provides can be found on our dedicated website www.cosmeticsurgerylaw.co.uk which was set up to specifically assist the growing number of clients that we have in this highly specialised field.

Should you need initial legal advice on any aspect of claiming compensation for cosmetic surgery negligence then call Sam today for a Free Case assessment or email her at sam.robson@sleeblackwell.co.uk

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