When you undergo cosmetic surgery to improve the way you feel about your appearance or to correct a pre-existing condition, you put your trust and confidence in the treatment provider.
At the hands of your surgeon you are vulnerable and have a right to expect that the treatment will be performed at a standard that is reasonably acceptable within the medical profession. In other words, the surgeon and associated health care providers have a duty to prevent foreseeable injury that may occur during or after treatment.
Cosmetic surgery does not always go according to plan. Some patients may have had unreasonably-high expectations and hoped for better results. This may not necessarily lead to a finding of negligence.
Unfortunately, other patients may suffer extremely adverse consequences due to the negligence of the surgeon or associated health care provider.
If you believe that your surgery has been performed negligently and have suffered injury and loss, you may be entitled to pursue a claim for medical negligence.
Claims arising from cosmetic surgery that has been performed negligently include:
- complications from breast augmentation or reduction including excessive scarring and / or asymmetrical appearance of the breasts;
- complications due to poor administration of anaesthesia or pain medication including failure to check for allergies;
- infection from poor post-operative care and/or advice;
- poor results and/or nerve damage from face lifts, eyelid lifts, brow lifts;
- problems after gastric band insertion;
- poor results from rhinoplasty, nose reshaping;
- failure of the surgeon to provide appropriate warnings of the risks involved in surgery, or properly explain post-operative care.
Surgeons have a duty to warn patients of the risks involved in any type of surgery and to provide full disclosure. Many medical negligence claims are brought on the basis that the patient did not give ‘informed consent’ to the surgery.
Cosmetic surgery is usually elective – the surgery is not medically necessary nor required to prolong life.
Accordingly, there is a high expectation for cosmetic surgeons to fully explain the risks and possible complications of surgery so a patient can make an informed decision. A psychological assessment to determine the patient’s suitability, taking into consideration his or her expectations, is also important. If available, surgeons should generally talk about alternative procedures that are less intrusive and carry less risk.
Unfortunately, this is not always the case, and patients opt for surgery without being fully aware of the risks and potentially adverse results. If the procedure is performed negligently, the patient may suffer considerable distress, anxiety, physical and emotional injury, and financial loss.
If you feel that were not fully aware of the risks associated with your surgery or that the surgeon performed treatment that fell below an acceptable standard, and was therefore negligent, you may be entitled to pursue a claim.
If you are unsure or not confident about pursuing a claim for medical negligence for harm suffered from a cosmetic procedure, our experienced lawyers will assist by determining your eligibility and, if appropriate, explain the compensation process.
Time limits apply for proceeding with a medical negligence claim and we recommend you contact one of our expert lawyers today.
How much will it cost to make a medical negligence claim for compensation?
We offer a No Win, No Fee* arrangement for medical negligence claims so you have access to legal representation, no matter your financial circumstances.
This means you don’t have to pay our legal fees unless your claim is successful. Legal costs will depend on the amount of work required to resolve your claim.
For more information on our No Win, No Fee* guarantee, contact our expert lawyers for a confidential and obligation-free consultation.