When Can Plastic Surgery Compensation Claims be Made?
You have a legal right to make plastic surgery compensation claims to recover the cost of correcting a mistake made by a cosmetic surgeon and to receive recompense for the physical injuries you have sustained. It may also be possible to claim for psychological problems which have developed as a result of disfigurement or anaesthetic awareness during surgery.
Whether you are considering making a claim for a surgical error during plastic surgery, a cosmetic procedure gone wrong or for the failure of a plastic surgeon to advise you of the risks associated with a particular procedure, it is vital that you seek legal advice from a medical negligence solicitor about making a plastic surgery injury claim.
It is not always possible to make a claim for botched plastic surgery or to claim compensation for complications with cosmetic surgery. After reviewing your case a solicitor will advise you if a legal claim can be made against the plastic surgeon under the circumstances, and you will be informed of the steps which must be taken in order to do so.
A solicitor will also calculate how much cosmetic surgery injury compensation can be recovered and will provide practical and impartial advice about how you can maximise the probability of recovering your full entitlement to compensation.
Plastic Surgery and Medical Negligence
Regardless of whether you want to claim for botched plastic surgery or make a compensation claim for a surgical error during plastic surgery, it must be established and proven that a mistake was made by a plastic surgeon which was avoidable, and you have come to harm as a direct result of the surgeon´s medical negligence.
Medical negligence is a broad term which covers poor professional performance, incompetence and errors of judgement. It is also considered negligence if a plastic or cosmetic surgeon failed to warn a patient of the risks associated with a procedure, failed to react to a medical complication quickly or for failed to diagnose a post surgery infection. Even the standard of care provided post-surgery can be considered to be negligent if it fell below an acceptable standard.
There are many possible situations when cosmetic surgery injury compensation can be claimed, many of which are covered in this article. If a procedure has been performed which is not listed, it does not mean that it will not be possible to make plastic surgery compensation claims.
Provide that it can be established and proven ‘on the balance of probabilities’ that a plastic surgeon has made a mistake or otherwise caused you to come to harm as a result of negligence, it should be possible to make a plastic surgery injury claim.
Claiming Compensation for Complications with Cosmetic Surgery
It is possible to claim compensation for complications with cosmetic surgery, although it must be established that an injury could have been avoided if a reasonably competent plastic surgeon had performed the surgical procedure, under the same circumstances.
In many cases it is not possible to predict or prevent medical complications from arising during plastic surgery, even when the utmost care is taken by a surgeon. Claims cannot be made for complications with cosmetic surgery which could not have been prevented, only if they resulted from medical negligence. Provided medical negligence can be established and proven, it should be possible to make a plastic surgery injury claim and to recover compensation.
When a medical complication arises as a result of botched plastic surgery, a plastic surgeon should be sufficiently skilled to recognise it and to take action to limit the harm caused. If the damage caused was only minimal, plastic surgery compensation claims may still be possible but they may not actually be worthwhile pursuing; even if a surgical error during plastic surgery occurred due to medical negligence.
Claims for Compensation for a Face Lift Gone Wrong
A face lift gone wrong may give you grounds to make plastic surgery compensation claims if the operation was performed incorrectly, if the plastic surgeon acted with incompetence or made a serious error of judgement at any stage of the procedure. The probability of success of a claim for botched plastic surgery will depend on whether it can be established that a competent plastic surgeon would have been able to perform the operation successfully under the same circumstances.
It is possible – although more complicated – to claim cosmetic surgery injury compensation when a face lift has not achieved the desired results. Patients often have unrealistic expectations of what can be achieved by a procedure, even when this has been clearly explained by a plastic surgeon beforehand. A claim on these grounds would usually need to be made due to a failure of the plastic surgeon to explain the risks, or for a gross miscalculation of the probability of the procedure being successful.
A claim for a surgical error during plastic surgery can be made for a face lift gone wrong if the actions of the surgeon directly caused an injury, severe scarring or disfigurement. Claims for compensation for complications with cosmetic surgery such as a face lift can be complicated, as it must be proven ‘on the balance of probabilities’ that the complication could have been avoided, and should have been under the circumstances.
Claim for a Surgical Error During Plastic Surgery
There are many instances when it is possible to make a claim for a surgical error during plastic surgery. These include – but are not restricted to – recklessness or carelessness of a plastic surgeon, rushed operations resulting in errors and poor decision making by the surgeon. Plastic surgery compensation claims can also be successfully made for errors made due to incomplete planning of operations, mistakes due to fatigue, poor communication with operating room nurses or when a surgeon is distracted and injures a patient.
When a plastic surgeon is required to deal with medical complications with cosmetic surgery the potential for errors increases substantially, as rushed decisions often need to be made. It is not always possible to make a plastic surgery injury claim in situations such as this, even if the patient has come to harm as a direct result. To confirm if it is possible to make a compensation claim for a surgical error, a medical negligence solicitor should be consulted.
To establish whether a surgical error during plastic surgery can form the basis of a personal injury claim, a solicitor will need to establish – after consulting an expert cosmetic surgeon – whether the error could have been avoided, and should have been under the circumstances. If a competent and skilled plastic surgeon would not have been able to avoid a mistake under the same set of circumstances, it would not be possible for cosmetic surgery injury compensation to be recovered.
Claim for a Breast Implant Surgery Error
Breast implant surgery errors and procedures going wrong during breast uplifts, augmentations and reductions are some of the most common reasons why patients make plastic surgery compensation claims. Surgical errors can result in breast implants rupturing, implants being incorrectly positioned, extensive scarring being caused and bacteria being introduced causing severe tissue damage.
It is possible to make a plastic surgery injury claim for any surgical complication, provided it has been caused by negligence of the surgeon. Claiming cosmetic surgery injury compensation due to a procedure having failed to produce the desired results is possible in certain situations, although it is invariably more complicated.
If you believe a breast implant surgery error has been made which has caused you to come to harm, it is important that you speak with a medical negligence solicitor as soon as possible to discuss making a claim for a surgical error during plastic surgery.
Claiming Compensation for a Liposuction Surgery Error
There has been a rise in reported liposuction surgery errors in recent years, broadly in line with the increase in the number of patients who have had this procedure performed. Cosmetic surgery injury compensation is frequently claimed for surgical errors made by plastic surgeons who have performed this procedure. A claim for a surgical error during plastic surgery can be made for anaesthetic errors, bacterial infections introduced from incorrectly sterilised equipment, intubation errors, blood clots and when a surgeon carelessly perforates internal organs.
When ultrasound is used to breakdown fat cells during liposuction, the vibrations can cause nerve damage and injuries to internal organs if the correct technique is not used. These complications with cosmetic surgery are certainly grounds for making a plastic surgery injury claim as, in the majority of cases, injuries can easily be avoided by exercising the appropriate level of care.
Claiming for a Rhinoplasty Surgery Error
Rhinoplasty is one of the most demanding and complicated plastic surgery procedures, and it requires a high level of technical skill to achieve the desired results. There are numerous complications with cosmetic surgery performed on the nose which can easily be caused by a relatively minor technical error made by a surgeon. Negligent surgeons can easily cause nerve damage to facial muscles, loss of the sense of smell and patients can experience severe problems with breathing following an inexpertly performed nose job.
In many cases, plastic surgery compensation claims for botched rhinoplasty are a necessity, as numerous corrective procedures many need to be financed to restore the damage caused by a negligent plastic surgeon. Cosmetic surgery injury compensation can also be claimed as recompense for breathing difficulties resulting from poorly performed rhinoplasty, scarring, infections, excessive bleeding and hematomas. It may also be possible to make a claim for a surgical error during plastic surgery for psychological problems suffered due facial disfigurement.
How Much Cosmetic Surgery Injury Compensation can be Claimed?
The calculation of cosmetic surgery injury compensation amounts is a complex process. A solicitor will need to assess the extent of damage caused, the length of time it will take to correct botched plastic surgery and whether a full recovery can be expected.
Since many factors can affect the value of plastic surgery compensation claims, it may not even be possible to estimate the level of damages that can be recovered until a thorough investigation of a plastic surgery injury claim has been conducted. A solicitor will also need to consult expert plastic surgeons and doctors to establish the degree of damage caused and whether a botched plastic surgery procedure can be surgically corrected.
Since there are usually considerable cost implications involved in correcting poorly executed cosmetic surgical procedures, the amount of compensation that can be recovered as special damages can be considerable. General damages for pain, suffering and loss of amenity caused by complications with cosmetic surgery can also be considerable as some of the examples below illustrate:-
Compensation Amounts for Nerve Damage During Cosmetic Surgery
If you have suffered nerve damage during cosmetic surgery, your claim for general damages will need to factor in the substantial loss of amenity suffered as a result of sustaining nerve injuries. When nerves are severed or otherwise damaged by a negligent plastic surgeon, the consequences may have to be suffered for a lifetime and compensation amounts must reflect this.
The amount of cosmetic surgery injury compensation that can be recovered when a claim for a surgical error during plastic surgery is made will depend on the severity of nerve impairment, whether the nerves spontaneously repair or if permanent damage has been caused due to these devastating complications with cosmetic surgery. It may also be possible for plastic surgery compensation claims to include recompense for psychological problems such as anxiety and depression as a result of suffering such as serious injury.
If it is possible to surgically correct the nerve damage, or reduce the severity of the symptoms, the cost of the procedures can be recovered by making a plastic surgery injury claim for special damages.
General Damages for Excessive Scarring During Cosmetic Surgery
When botched plastic surgery causes excessive scarring, it is understandable that it can lead to a wide range of psychological problems developing. Plastic surgery compensation claims can include recompense for mental health issues, provided a psychological condition is diagnosed by a doctor and can be directly linked to a failed cosmetic procedure.
A plastic surgery injury claim for excessive scarring due to a surgical error during plastic surgery will also need to incorporate recompense for any physical pain and suffering, in addition to a deterioration in the plaintiff´s quality of life and any other loss of amenity suffered until a full recovery can be made. If further surgical procedures are required to reduce the appearance of scars, it is possible to recover the cost of the treatment; although this aspect of cosmetic surgery injury compensation is claimed as special damages.
Special Damages in a Claim for a Liposuction Error
General damages in a plastic surgery injury claim are concerned with recompense for pain, suffering and quality of life issues, although a botched plastic surgery procedure also has considerable financial implications for the victim.
Costs and expenses are recovered by making a claim for special damages. Special damages in a claim for cosmetic surgery injury compensation can include recovery of the cost of the original treatment, lost earnings and other expenses which can be directly attributed to an injury. A surgical error during plastic surgery may require the victim to undergo a corrective surgical procedure, and it may be necessary for several operations to be performed to repair the damage caused by complications with cosmetic surgery. These costs can also be added to a special damages claim.
The purpose of special damages in plastic surgery compensation claims is to ensure that were it not for the mistakes made by a cosmetic surgeon, the victim would be in no worse position financially than if the errors were not made. Therefore any cost or expense can be recovered under special damages, provided it was incurred due to the negligence of the surgeon and can be supported by receipts or invoices.
Legal Advice About Making a Compensation Claim for a Cosmetic Surgery Error
If you are considering making a claim for a surgical error during plastic surgery, a botched plastic surgery procedure or for complications from cosmetic surgery, you should seek legal advice from a specialist medical negligence solicitor. It is essential that your case is thoroughly assessed by a solicitor to establish whether you are eligible to make plastic surgery compensation claims and, if so, how much cosmetic surgery injury compensation you will be entitled to recover.
Making a plastic surgery injury claim cannot turn back the clock, but receiving an award of compensation will enable you to get the treatment you need to correct the mistakes of a negligent plastic surgeon.