Introduction to Claiming Compensation for a Complication with Cosmetic Surgery
There are many reasons why a claim for compensation for a complication with cosmetic surgery can be made, although some of the most common reasons for complications developing are not specifically associated with the procedure being conducted.
Whenever a patient is administered an anaesthetic and has invasive surgery, there is potential for numerous things to go wrong. If a nurse or plastic surgeon administers too little anaesthetic and fails to monitor the vital signs of the patient, a patient may partially regain consciousness and feel pain. Conversely, too much anaesthetic can cause serious injuries such as brain damage, cardiovascular problems and organ failure. Plastic surgery compensation claims can be made for these clear cases of medical negligence, and compensation awarded for the pain and suffering experienced and for psychological problems such as post traumatic stress disorder.
Infections can be caused by poor hygiene and a failure to sterilise equipment effectively, such as localised skin infections at the site of an incision or more serious bacterial infections such as MRSA. Although infections are not always caused by negligence of the surgeon, when it can be established and proven ‘on the balance of probabilities’ that they resulted from negligence, it is possible to claim for cosmetic surgery complications.
If you have been a victim of a surgical error during plastic surgery, or have suffered complications during or after surgery, it is important that you seek legal advice about claiming cosmetic surgery injury compensation as soon as possible.
Cosmetic Surgery and Medical Negligence
In order to make a claim for a surgical error during plastic surgery or for complications from a cosmetic surgery procedure, it must be established and proven that an injury was sustained which was caused by medical negligence of the surgeon.
Medical negligence covers a wide range of errors from a failure to advise a patient of the risks associated with a particular treatment to inadequate post surgical care being provided. Medical negligence is not confined to mistakes made in an operating theatre and can be due to careless or incomplete planning of an operation, poor communication with nurses and poor decision making on the surgery techniques to use.
Plastic surgeons are usually highly attentive and extremely careful, but errors of judgement can easily be made when the surgeon is fatigued and, during a complicated surgical procedure, even a small distraction can cause a patient to be seriously injured.
When a surgeon makes a mistake which causes a procedure to go wrong and a patient comes to harm, it is usually possible for cosmetic surgery injury compensation to be claimed. However in order for plastic surgery compensation claims to be successful, negligence must be established and proven. If proof cannot be collected to support a claim for cosmetic surgery complications, the case will not succeed and it will not be possible to recover compensation for a complication with cosmetic surgery.
Assessment of Claims for Nose Reshaping Gone Wrong
To ensure that a strong claim for cosmetic surgery injury compensation for a failed nose reshaping procedure can be prepared and sufficient evidence of negligence collected, you should always use a specialist medical negligence solicitor to investigate your claim. A medical negligence solicitor will be aware of the questions to ask, and the evidence which must be collected to support a case.
Although a skilled solicitor should be able to identify aspects of medical procedures which breached a duty of care and constituted negligence, it will be necessary for the case to be reviewed by an independent medical expert before the right to make plastic surgery compensation claims is 100% confirmed.
A medical expert will assess a surgical error during plastic surgery to determine ‘on the balance of probabilities’ whether the actions of a cosmetic surgeon constituted negligence under the circumstances, and if a competent surgeon of similar standing would have taken a different course of action under the circumstances, thus avoiding an injury to the patient.
When compensation for a complication with cosmetic surgery is being claimed for nose shaping gone wrong, a medical expert will need to establish – again ‘on the balance of probabilities’ – that the complications would not have been suffered had the operation been performed with the appropriate level of care, and if reasonable attention was paid to the patient’s vital signs. Provided a claim for cosmetic surgery complications from failed nose reshaping passes this test, the case such have a high probability of being successful.
Claims for a Surgical Error During Cosmetic Surgery
When cosmetic surgery goes wrong, many patients automatically assume that complications have been suffered because of a surgical error during plastic surgery – but this is not necessarily the case. A number of things can go wrong during plastic surgery which are out of the control of the surgeon, even when a procedure has been meticulously planned and performed with skill and care. Establishing that a mistake has been made and whether cosmetic surgery injury compensation may be claimed can be complex.
A claim for cosmetic surgery complications can only be made if it can be proven that a surgical error was made due to incompetence, poor professional judgement or a failure to conduct the operation with a reasonable amount of care.
It is important to speak to your plastic surgeon about the outcome of a procedure to find out what has happened, and a second opinion should be sought to help establish whether a mistake was made. A medical negligence solicitor should also be consulted to arrange an investigation of the case to find out if compensation for a complication with cosmetic surgery can be claimed under the circumstances and whether it will actually be worth while making plastic surgery compensation claims.
Injury Claims for a Breast Implant Surgery Error
It is possible to make injury claims for a breast implant surgery error which caused a patient to come to harm or when a surgical error during plastic surgery resulted in an undesirable outcome. Provided that an injury could have been avoided – and would have been under the circumstances had greater care been taken – it should be possible to make plastic surgery compensation claims for the pain and suffering caused, and to recover any financial losses associated with the injuries sustained.
Reasons for making breast implant surgery claims can include incorrectly placed implants resulting in asymmetric breasts, visible rippling of implants, implant rupture, infections and loss of nipple sensitivity. If you are unhappy with the results of breast augmentation or have been injured by a surgeon, you should seek legal advice from a solicitor to find out if you can make a claim for cosmetic surgery injury compensation.
When Liposuction Surgery Error Claims Can be Made
It is unlikely to be possible to claim cosmetic surgery injury compensation for an undesirable outcome from a liposuction procedure, unless it can be established and proven that there was a surgical error during plastic surgery which can be attributed to the negligence of the surgeon.
There are a number of possible scenarios under which liposuction surgery compensation can be claimed. The most common injuries resulting from medical negligence include perforated internal organs, excessive burning or scarring of the skin, haematomas and when the nerves are damaged due to incompetence of a plastic surgeon.
Since many factors can affect eligibility to make a claim for cosmetic surgery complications from liposuction, it is essential that the right to claim compensation for a complication with cosmetic surgery is confirmed by a medical negligence solicitor.
Claiming Compensation for a Rhinoplasty Surgery Error
When the desired results from rhinoplasty are not achieved, many patients blame the surgeon; however failed rhinoplasty surgery does not necessary mean that a surgeon has been negligent. Each case must be investigated and assessed by an independent expert plastic surgeon to establish whether a surgical error during plastic surgery could have been avoided, if complications should have been prevented and if the outcome improved had a reasonable amount of care been taken during surgery.
A claim for cosmetic surgery injury compensation for a rhinoplasty error should be possible if you have suffered a nasal collapse, have lost your sense of smell, have difficulty breathing after the surgery or if the surgeon has incorrectly contoured the nose or made your nose asymmetrical. If you believe that the results of the surgery fall below what your surgeon has told you was a reasonable outcome of the procedure, you should speak with a medical negligence solicitor to find out if a claim for cosmetic surgery complications is possible under the circumstances.
Nerve Damage During Cosmetic Surgery
One of the most feared complications from cosmetic surgery is nerve damage, due to the devastating consequences this has for the patient. This type of surgical error during plastic surgery can cause permanent loss of muscle control when a nerve is severed, and even relatively minor nerve damage during cosmetic surgery has potential to cause long term pain and considerable suffering.
Compensation for a complication with cosmetic surgery involving damage to the nerves can be substantial, with the damages reflecting the seriousness of the injury, the considerable loss of amenity and deterioration in quality of life which results. When nerve damage is sustained it is vital that the injuries are fully diagnosed to establish whether any surgical treatment can improve a patient’s outlook. If surgical treatment can improve the prognosis, the cost of treatment can be factored into cosmetic surgery injury compensation amounts under special damages.
When a medical negligence solicitor assesses claims for nerve damage from plastic surgery, the opinions of expert neurological doctors will be sought to ensure that all aspects of the injuries are fully assessed. This will ensure that the maximum entitlement can be calculated and factored into the plastic surgery compensation claims for nerve damage.
Even when plastic surgery causes temporary nerve impairment – such as loss of sensation, burning and tingling in the skin – it should still be possible to successfully claim for cosmetic surgery complications.
Procedures to Follow Before Claiming for Excessive Scarring During Cosmetic Surgery
A claim for cosmetic surgery injury compensation can often be made for scarring following surgery, although this type of claim for cosmetic surgery complications can be problematic. The success of plastic surgery compensation claims for excessive scarring depend on whether the scars were a reasonable consequence of the procedure – in which case a claim cannot be made – and if the risk of scarring was discussed with the patient before the procedure commenced.
Scarring is to be expected with any plastic surgery procedure, although a skilled and competent surgeon will be able to keep the scarring to a minimal level in the majority of cases. Some patients have a slow healing response, are more likely to develop scars following surgery, and this may not necessarily be the fault of the surgeon. It is usually only possible to claim compensation for scarring if it resulted from a surgical error during plastic surgery.
Before it is possible to claim compensation for a complication with cosmetic surgery for excessive and extensive scarring, it is important to speak to the surgeon to obtain an opinion on why the scarring was so severe. The options for correction – if any – should be discussed, and following this a written letter of complaint should be sent to the surgeon. It is also important that a second opinion is obtained, as this will help to establish whether the scarring resulted from negligence. You should also speak with a personal injury solicitor who specialises in medical negligence claims to have your right to claim compensation confirmed.
How Damages are Awarded for Facial Scar Revision Surgery Gone Wrong
The calculation of damages in plastic surgery compensation claims for facial scar revision surgery gone wrong can be a complex process. The severity of the injury or disfigurement needs to be assessed, how the plaintiff has been affected mentally, physically and financially must be determined and the prognosis for a full recovery must be obtained from an expert plastic surgeon or doctor.
Compensation for a complication with cosmetic surgery – or for an injury sustained due to a surgical error during scar revision surgery – is divided into two distinct categories. General damages covers pain, suffering and non-financial losses such as any deterioration in quality of life. When scar revision surgery goes wrong, a patient can be left with more visible scars which can lead to psychological problems developing. Psychological problems can be compensated for under general damages; although in order to recover cosmetic surgery injury compensation for a mental health issue it must be diagnosed by a doctor.
Special damages covers the financial losses associated with the injuries caused by a negligent surgeon; which can include lost earnings, medical expenses and the cost of future surgical procedures to repair the damage caused during botched scar revision procedure. A claim for cosmetic surgery complications from scar revision procedures can also be made to recover any reasonable expense which has been incurred as a direct result of the failed scar revision surgical procedure.
Making a Claim for Face Lift Gone Wrong
After the right to claim compensation for a complication with cosmetic surgery during face lift surgery has been proven by a medical negligence solicitor and the case review has been completed, it is possible to initiate the claim.
A letter of claim is drafted and sent to the plastic surgeon, detailing why cosmetic surgery injury compensation is being claimed and the reason why the surgeon is deemed to be liable for the injuries sustained by his or her patient during face lift surgery. Twenty one days are allowed for the letter of claim to be acknowledged, and ninety days for the surgeon – and his or her insurance company – to accept or reject liability for a surgical error during plastic surgery or another act of negligence which caused harm to the patient.
The length of time taken for plastic surgery compensation claims to be resolved depends on whether liability is accepted or rejected for an error made during a face lift operation. If a strong claim for cosmetic surgery complications is prepared, and considerable evidence of negligence is detailed in the letter of claim, it is more likely that liability will be accepted and the claim resolved more quickly.
Settlements of Compensation For a Liposuction Error
There are three ways that an award of compensation for a complication with cosmetic surgery is decided. An insurance company can contact a victim of a surgical error during plastic surgery directly with an offer of cosmetic surgery injury compensation as recompense for the injuries sustained during liposuction. If you receive an offer of compensation directly from an insurance company it is essential that a solicitor is consulted before deciding to accept payment as the potential for the case to be under-settled is considerable.
When plastic surgery compensation claims are made for liposuction errors, the insurance company of a negligent surgeon may immediately accept liability – in which case negotiations can commence between the insurer and the plaintiff’s solicitor to arrive at an appropriate settlement.
If liability is not accepted, or if negotiations stall, a claim for cosmetic surgery complications will need to be litigated through the courts and a judge will decide on the outcome. It will be the judge who decides the amount of compensation that is awarded should the case be ruled in the plaintiff’s favour. Usually medical negligence claims need to be litigated in order for an award of compensation to be made, as insurance companies rarely accept liability in medical negligence claims unless the evidence against the surgeon is considerable.
Contacting a Solicitor About Claiming Cosmetic Surgery Injury Compensation
It is important that you receive specific legal advice about recovering cosmetic surgery injury compensation from your plastic surgeon’s insurance company. Liability is rarely accepted for a surgical error during plastic surgery, and it is therefore important that the strongest possible claim for cosmetic surgery complications is prepared. The advice and assistance offered by a medical negligence solicitor will be invaluable in this regard.
It is not always possible to claim compensation for a complication with cosmetic surgery, but after listening to your account of your injuries and the circumstances under which they were sustained, a solicitor should be able to tell you if it is likely that plastic surgery compensation claims will be possible – pending a full investigation of the case.
You will also be advised of the process of making a claim for cosmetic surgery complications in detail, and will be told about the steps that must be taken next in order to initiate a legal claim for personal injury compensation.