A Guide to Making a Cosmetic Surgery Negligence Compensation Claim

By Stephen Hudson. Last Updated 18th July 2024. Regardless of whether someone has undergone a cosmetic surgery procedure through the NHS or privately, if they have been injured as a result of cosmetic surgery negligence, then they may be entitled to make a claim for cosmetic surgery compensation.

Having experienced cosmetic surgery solicitors helping you to file your claim can greatly increase your chances of a successful outcome as they have the expertise and up to date knowledge personal injury claim cases. As a Claims Management Company Legal Helpline have experience in dealing with cosmetic surgery injury compensation claims and can help you to get the compensation you deserve.

Patient receiving cosmetic surgery treatment

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  1. What does cosmetic surgery negligence mean?
  2. What action should I take if I suffer cosmetic surgery negligence?
  3. What cosmetic procedures are typically seen in negligence compensation claims?
  4. Common causes of cosmetic surgery claims
  5. Is there a time limit to making cosmetic surgery claims?
  6. What can I claim compensation for?
  7. How much compensation for cosmetic surgery negligence?
  8. Can I make a No Win No Fee cosmetic surgery claim?
  9. Helpful resource and links

What does cosmetic surgery negligence mean?

Patients who undergo a cosmetic surgical procedure are owed a duty of care by the medical professionals who provide the treatment. As part of their duty of care, cosmetic surgeons need to provide care to their patients that meets the correct standards and prevents causing any unnecessary harm. If the proper standard of care is not provided during cosmetic surgery and you are harmed because of this, this is considered negligence.

If you’ve suffered unnecessary harm from cosmetic surgery, then you may be eligible to start a medical negligence claim. Your case will need to prove that a medical professional involved in your cosmetic surgery procedure breached the duty of care they owed you and this directly caused your injuries.

If you have valid grounds to make a cosmetic surgery claim, then our panel of solicitors could potentially support your case. Contact our advisors for free today to learn more about cosmetic surgery negligence.

What action should I take if I suffer cosmetic surgery negligence?

If you are a victim of cosmetic surgery negligence, there are a number of steps you should take before starting your claim. Obviously, before doing anything you should seek appropriate medical treatment for any immediate health concerns that are resultant of the cosmetic surgery negligence. Then, try to do the following if possible:

  • Take photos of yourself showing the outcome of the negligent surgery, these are visual evidence of your pain and suffering and the negligence you have treated with. Also gather some photos of yourself before any surgery to show the full extent of damage the surgery alone has caused.
  • Consult with another Doctor to get a professional view and opinion regarding the severity of your botched surgery. Discuss any long term issues that you might be left with. Legal Helpline can arrange a free local medical with a GP as part of their service to you.
  • Notes – Keep a note (like a diary) of the pain and suffering you are experiencing, write down how you feel both physically and emotionally.
  • Finances – Keep a record of how you have been affected financially such as lost wages, unexpected medical costs etc.
  • Contact a reputable personal injury claims firm such as Legal Helpline to get expert help and advice.

What cosmetic procedures are typically seen in negligence compensation claims?

There are 4 different categories of medical claims related to negligence. With regards to cosmetic or plastic surgery, it’s common to use the following broader terms of the categories, which are:

  • Contributory Negligence – This means that the victim is found to be at fault for their own injuries and so compensation will not be granted.
  • Comparative Negligence – This is where both parties, the victim and the cosmetic surgeon or practice, hold some degree of responsibility for the victim’s injuries, therefore some compensation award may be given.
  • Vicarious Liability – This is when the practice or organisation where the procedure was carried out is found liable and so expected to pay damages.
  • Gross Negligence – In cases where gross negligence is founded, the responsibility lies with the surgeon who performed the surgery. Surgeons have a duty of care to ensure the health and safety of patients to the best of their ability. If they fail to do this, and their patient suffer as a result, then they can be found guilty of gross negligence. In cases where gross negligence is determined, the cosmetic surgeon who is responsible, will in most circumstances, have their license taken away.

Common causes of cosmetic surgery claims

There are a number of different reasons as to why someone will want to make a cosmetic surgery claim. Some of the most common reasons are:

  • Complications that occur during the surgical procedure – If you’ve suffered an unexpected injury during the procedure, you may be entitled to make a claim.
  • Mistakes with the anaesthetic – Suffering due to a mistake with the correct type, dosage or administration of anaesthetic will give cause for claiming compensation if it causes injury or possible death.
  • Misdiagnosis – Complications during surgery could arise if an aspect of the patient’s health isn’t properly checked and diagnosed.
  • Surgery Errors – Any cosmetic surgical errors that occur causing health concerns.
  • Negligence to Well-Being – Patient injured or caused to suffer due to lack of, or insufficient care before, during and after the procedure.
  • Insufficient Information Given – If a patient’s suffered due to an inadequate amount of information about the surgery being given to them , particularly if possible side effects or potential problems are not discussed in full with the surgeon.

These are just a few examples as to why someone may be in need of making a compensation claim. If you have suffered due to cosmetic surgery negligence, contact Legal Helpline for free help and advice.

Is there a time limit to making cosmetic surgery claims?

There are a few regulations that surround compensation claims in general. When making a compensation claim, it must be started within three years since the accident causing injury took place or from when the injuries and health issues were initially diagnosed. After three years have passed, you would not be able to make a claim. However, there is an exception to this rule, such as, if the claimant was under 18 when the accident occurred, they will have three years from their 18th birthday, effectively ending the chance to make a claim being when they turn 21. These exceptions are rare however with cosmetic surgery claims as very few under 18’s undergo cosmetic procedures.

So how long do cosmetic surgery claims take? Well, in most cases, the time frame for these types of claims is around 8 months, but of course each case is different and so could potentially take longer depending on the individual circumstances surrounding it.

What can I claim compensation for?

There are a number of damages and expenses that should be included in your claim, these are:

  • General Damages – these cover the physical and mental aspects of your claim and represent the pain and suffering you have endured.
  • Loss of Earnings – Any wages that you have lost and any potential future wages that you may lose should be added into your claim.
  • Medical Expenses – Any extra costs as a direct result of your injury for medical reasons should be included.
  • Travel Expenses – Any travel costs incurred as a direct result of your injury should be taken into account, this can include vehicle adaptions that you might need.
  • Car Claim – If you have needed help around the home from perhaps a relative or friend, then they can make a claim also.

By contacting a legal claims firm such as Legal Helpline, you can be assured that every aspect of compensation that you are entitled to will be included to ensure a maximum possible payout.

How much compensation for cosmetic surgery negligence?

The amount of compensation you are awarded will greatly depend on the type of injury  you have sustained and it’s severity. In the table below we have listed a number of different potential injuries or health problems that commonly arise from negligent cosmetic surgery with an indication of the amount of compensation that could possibly be awarded for each.

Reason for CompensationAverage Awarded AmountComments
Multiple Serious Injuries And Special ExpensesUp to £250,000+If you have valid grounds to claim for multiple serious injuries caused by medical negligence during cosmetic surgery, then you could receive a payout covering all injuries plus any related special damages, such as loss of earnings.
Very Severe Facial Scarring£36,340 to £118,790In cases where the claimant's are relatively young (younger than 30) and the scarring is severe causing severe psychological effects.
Less Severe Facial Scarring£21,920 to £59,090Disfigurement is substantial causing a substantial degree of negative psychological reaction.
Significant Facial Scarring£11,120 to £36,720Some effects may have been reduced by plastic surgery but cosmetic disability may still remain and significant psychological trauma.
Less Significant Facial Scarring£4,820 to £16,770Minimum of one scar that may be able to be covered with specialised make-up.
Trivial Facial Scarring£2,080 to £4,310Very minor scarring with minimal psychological effect.
Moderately Severe Psychological Damage£23,270 to £66,920Distress will effect ability to return to work, low confidence and self-esteem.
Moderate Psychological Damage£7,150 to £23,270There will have been noticeable improvement in mood and prognosis good.
Less Severe Psychological Damage £1,880 to £7,150The level of award will depend on the length of time the claimant has suffered and how long it took for improvements to become apparent.
Scarring To Other Body Parts£9,560 to £27,740A number of laceration scars that are noticeable or a single significant large scar causing some degree of psychological distress.

Please note that these are estimated amounts based on the current judicial claims guidelines. Your final settlement award will depend on your own individual case and it’s circumstances.

Can I make a No Win No Fee cosmetic surgery claim?

We understand that a cosmetic surgery procedure in itself can be very expensive, but to then go on to suffer health problems as a result and possibly need further treatment, coupled with time taken off of work, it can make covering the expenses difficult and of course, make it really hard to then afford a solicitor to make a claim for compensation.

Therefore, we offer a service where you can make a no win no fee cosmetic surgery claim. It is called a Conditional Fee Agreement which enables people who believe they have been the victim of cosmetic surgery negligence to make a claim for compensation without the worry of upfront costs, unrelenting fees and money worries that hiring a legal team could bring. Simply put, if we do not win your case for you, you do not pay a penny, and so haven’t gambled your finances, if we win however, we take a small percentage of your final settlement amount. Either way, there will be no negative impact on your finances if you choose Legal Helpline as your claims firm.

Starting your claim needn’t be as daunting as you’d expect, just call us at Legal Helpline on 0333 000 0729 and we will endeavour to help you to get the compensation you deserve.

Woman undergoing a cosmetic surgery procedure

Helpful resource and links

NHS cosmetic procedures guide

There is lots of information in this NHS guide to cosmetic procedures and different treatments.

NHS cosmetic procedures abroad guide

NHS guide to having cosmetic surgery abroad and what you should be aware of.

If you’d like to read up a bit more about medical negligence, check out our guides below: