This guide covers plastic surgery negligence claims and when you could pursue compensation for physical or mental harm caused by a cosmetic procedure going wrong.
We look at eligibility criteria and time limits for medical negligence claims before reviewing examples of negligent cosmetic surgery. As the guide continues, we examine evidence that could help a claim succeed and then explain kinds of compensation that may be awarded as a result.
Finally, find out how a No Win No Fee solicitor from our panel could give their expert insight and guidance. Further information can be found by contacting our advisors, who can also carry out a free case assessment with no strings attached. Learn more by:
- Calling 0333 000 0729.
- Visiting our website to contact us.
- Opening a live chat conversation at the foot of this page.
Select A Section
- How To Make Plastic Surgery Negligence Claims
- Common Types Of Plastic Surgery
- Proving Plastic Surgery Negligence Claims
- What Could You Claim For Negligent Plastic Surgery?
- No Win No Fee Plastic Surgery Negligence Claims
- Further Plastic Surgery Negligence Claims Resources
How To Make Plastic Surgery Negligence Claims
If you have plastic surgery, you will find yourself in the care of a medical professional. As trained experts in their field, they must work to the correct standard and fulfil their duty of care to their patients. There are codes of conduct they can follow, such as the ones set out by The British Association of Aesthetic Plastic Surgeons, which states that their members “must strive for excellence” and maintain their skills. For Surgeons, these will be assessed by 5 yearly Revalidation through the GMC.
A medical negligence claim must, therefore, show that:
- A medical professional owed you a duty of care.
- They failed to meet the correct standard of care and breached their duty.
- The breach led to you experiencing harm.
Don’t hesitate to call us and speak to an advisor if you have any questions about plastic surgery negligence claims and how you can prove your case is eligible.
Check How Long You Have To Claim
You must also ensure your claim starts on time. Generally, under The Limitation Act 1980, a medical negligence claim must start within three years. However, there are a number of exceptions to this limitation period.
Please call or get in touch online if you want to find out how long you have to begin a claim. The time limit for plastic surgery negligence claims could differ in certain cases, so share as much information as possible, and an advisor can help.
Common Types Of Plastic Surgery
Plastic surgery, or cosmetic surgery, is a procedure designed to change a person’s appearance. There are many types of plastic surgery that a person could have from liposuction to nose reshaping, a tummy tuck or a facelift.
These examples highlight common cosmetic procedures and surgical negligence that could potentially occur.
- A plastic surgeon uses defective implants for a breast augmentation procedure. The implant ruptures, causing the patient some pain as well as significant distress.
- The surgeon is not fully trained to carry out a liposuction procedure. The patient suffers a perforated bowel during the process, leading to lasting damage.
- While a patient is undergoing a face lift the surgeon accidentally slips when using the scalpel causing a significant scar down one side of the patient’s face.
You may be able to claim surgical negligence compensation if you have suffered harm because a surgeon failed to provide you with a service of reasonable skill and care. For more information about plastic surgery negligence claims or to find out if you can take action, please give us a call.
Proving Plastic Surgery Negligence Claims
When making plastic surgery negligence claims, claimants will need evidence to prove that they were owed a duty of care, that a medical professional breached it and that because of this breach, you suffered harm or disfigurement.
Evidence that could strengthen your claim includes:
- Name, contact details and any contracts between you and the surgeon or plastic surgery clinic.
- Medical records, which you can request from your healthcare provider. These notes would highlight the physical and/or mental impact of the cosmetic surgery.
- Witness contact details. This can be someone who attended any appointments with you.
- An independent medical assessment would be arranged for you during the case.
Your treatment might also be subject to the Bolam Test. This assessment asks a panel of medical professionals with relevant training to state if you received the correct level of care based on the facts of the case. The outcome could be submitted as evidence.
Arranging tests, gathering statements and putting forth evidence are all tasks a solicitor from our panel could undertake while representing you. Speak to our advisors to learn more about how our panel’s No Win No Fee solicitors can boost plastic surgery negligence claims’ chances of success.
What Could You Claim For Negligent Plastic Surgery?
Compensation for cosmetic surgery negligence could consist of up to two heads. Firstly, general damages account for the physical and mental suffering you experience because of negligent care. You can claim for multiple bodily or psychological injuries.
Legal professionals will consider the evidence and figure out the value of injuries involved in the claim. They could use the Judicial College Guidelines, a document with guideline compensation brackets for various injuries.
Compensation Table
Please note that this table is a guide.
| INJURY | SEVERITY | COMPENSATION | NOTES |
|---|---|---|---|
| Psychiatric Damage Generally | Severe | £54,830 to £115,730 | Marked issues coping with life, work and education, among other factors. The prognosis is very poor. |
| Bowels | Double Incontinence | Up to £184,200 | Double incontinence: total loss of natural bowel function and complete loss of urinary function. |
| Digestive System | Damage Resulting from Traumatic Injury (i) | £43,010 to £61,910 | Severe damage with continuing pain and discomfort. |
| Facial Scarring | Very Severe | £29,780 to £97,330 | A very disfiguring cosmetic effect and serious psychological reaction, caused by scarring to relatively young claimants. |
| Less Severe | £17,960 to £48,420 | Scarring causes substantial disfigurement and a significant mental reaction. | |
| Significant | £9,110 to £30,090 | Some cosmetic disability persists after plastic surgery. Psychological reaction is minor or has reduced from a considerable level. | |
| Less Signficant | £3,950 to £13,740 | Includes cases where one scar, or numerous smaller scars, mars the appearance but does not markedly affect it. | |
| Scarring to Other Parts of the Body | A Number of Noticeable Scars | £7,830 to £22,730 | Either numerous laceration scars, or a single disfiguring scar, affecting the arm(s), leg(s), hand(s), back or chest. |
| A Single Noticeable Scar | £2,370 to £7,830 | Minor cosmetic deficit caused by several superficial scars, or a single noticeable scar. |
Special Damages You Could Claim
Special damages may also be sought during a claim. This head of compensation would seek to recoup money you have lost because of negligence.
The effects of botched plastic surgery could affect you in different ways, so you may be able to claim back the likes of:
- Lost earnings if you miss work or lose out on job opportunities.
- Fees for corrective plastic surgery.
- Medical costs.
- Necessary travel, such as bus travel to a follow-up appointment.
You will need to give evidence of your losses to include special damages in your claim. Payslips, receipts or invoices could all work as acceptable proof.
Our advisors can explain compensation for plastic surgery negligence claims in further detail. Please give us a call if you have any questions.
No Win No Fee Plastic Surgery Negligence Claims
Our panel of solicitors have an in-depth knowledge of the plastic surgery negligence claims process. If you have a valid claim, a solicitor from the panel could offer you their representation under a Conditional Fee Agreement.
Through these particular No Win No Fee terms, you would not pay for your solicitor’s input:
- Upfront;
- As your case goes on;
- If the claim is lost.
Winning a case means paying a success fee to your solicitor. They will collect a small percentage of the compensation awarded to you. Not only will you have the chance to agree on this percentage in advance, but it’s also legally capped by The Conditional Fee Agreements Order 2013.
Start Your Claim For Plastic Surgery Negligence Today
You can learn everything you need to know about plastic surgery negligence claims by talking to our advisors. An advisor can assess your case and note if you have the right grounds to seek compensation. A solicitor from our panel could then step in.
Talking to us carries no obligation to sign up with a solicitor, though you may find it to be the best course of action. There’s also no charge for calling. So, with that in mind, why not:
- Call 0333 000 0729.
- Contact us via our website.
- Start a conversation on the live chat below.
Further Plastic Surgery Negligence Claims Resources
You may find even more useful information in these guides:
- Looking at hospital acquired infections and when you can claim.
- Medical negligence extends to misdiagnosis, and this article notes when you could seek compensation.
- An examination of wrong medication claims and how to make a case if being given incorrect medicine caused you harm.
You can also get some relevant guidance from these external resources:
- General Medical Council – Professional standards and ethical guidelines for doctors.
- GOV.UK – Claim Statutory Sick Pay if you cannot work.
- NHS – Directory of cosmetic surgery information pages.
Thank you for reading our guide on plastic surgery negligence claims.
