Cosmetic Surgery Negligence Claims
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The cosmetic surgery market has grown significantly, valued at around €50 million over the past decade. Nowadays, cosmetic surgery is not just accepted but embraced as a personal choice to enhance one’s appearance.
However, when cosmetic procedures go wrong, they can cause significant physical and psychological harm, leaving you with a personal injury or disfigurement that can lead to lifelong suffering. This is not something that should happen when you trust a medical professional. Such adverse outcomes are never your fault, and they constitute grounds for a medical negligence claim. If you need to file a claim for cosmetic surgery negligence, our cosmetic surgery claims solicitors can guide you through the process.
Call 01-6144565 today for expert advice on the next steps.
What Is Cosmetic Surgery?
Cosmetic surgery involves more invasive procedures that are intended to improve or modify a person’s appearance. Some of the most common surgeries include:
- Breast augmentation: Enhancing breast size and shape.
- Rhinoplasty: Reshaping the nose.
- Liposuction: Removing excess fat from specific areas.
- Facelift: Tightening facial skin to reduce signs of ageing.
- Tummy tuck: Removing excess skin and fat from the abdomen.
What Are Cosmetic Procedures?
Cosmetic procedures are treatments designed to enhance or change a person’s appearance. They range from non-surgical to minimally invasive options. Here are some common cosmetic procedures:
- Botox injections
- Dermal fillers
- Laser hair removal
- Chemical peels
- Microdermabrasion
- Lip augmentation
- Eyelash extensions
- Skin tightening
- Laser skin resurfacing
- Coolsculpting (fat freezing)
- Microneedling
- Facial contouring
- Non-surgical nose job
- Permanent makeup
- IPL (intense pulsed light) therapy
- Tattoo removal
- Hair restoration
- LED light therapy
- Sclerotherapy (for spider veins)
- Radiofrequency skin treatments
These procedures are generally quicker, involve less recovery time, and are considered less risky than full surgical interventions.
What Is a Cosmetic Surgery Claim?
A cosmetic surgery claim arises when a patient has suffered an injury as result of cosmetic surgery medical negligence or substandard care during a cosmetic procedure. This can include botched surgeries, improper techniques, or a lack of informed consent. Patients who experience these issues can seek compensation for damages, including:
- Medical expenses for corrective procedures.
- Lost wages due to recovery time.
- Physical and emotional pain.
Common Complications in Cosmetic Surgery Negligence Claims
Sometimes cosmetic procedures don’t turn out as expected, leading to various complications that we often see in claims, such as:
- Infection: Sometimes, surgery can lead to infections that require more treatment and a longer recovery time.
- Scarring: You might end up with scars that are more noticeable than you were told to expect.
- Nerve Damage: This can cause numbness, tingling, or even chronic pain if nerves are damaged during surgery.
- Asymmetry: Results might be uneven or not match what was discussed before the procedure.
- Implant Complications: Problems like implant rupture or migration can occur, needing additional surgery to fix.
- Poor Aesthetic Outcome: The final look may not meet your expectations or what was promised.
- Anaesthesia Errors: Mistakes in administering anaesthesia can cause serious complications during or after surgery.
Can I Sue a Cosmetic Surgeon for Negligence?
Yes, if you believe a surgeon’s negligence caused harm, you can pursue a claim for medical negligence. Here’s how you can build a case:
Establish Duty of Care
Demonstrate that the surgeon had a legal duty to provide a standard level of care during your treatment. This is generally established when a doctor-patient relationship exists.
Prove Breach of Duty
Show that the surgeon breached this duty by not adhering to accepted medical practices, resulting in a failure to provide adequate care.
Link Breach to Injury
Establish causation by proving that the breach directly caused your injury or worsened your condition. This often requires independent medical expert testimony to confirm that the outcome was preventable.
Document Damages
Provide evidence of the harm you suffered, including physical injuries, emotional distress, financial losses, and the cost of additional medical treatment required to correct the issues.
Case Settlement
As in most medical negligence cases, a case settlement is about reaching an agreement between you and the doctor or clinic without going to court. Settling your case means you get compensation for what went wrong without the hassle of a trial. Settlements can happen at any point in the process and usually involve your legal team and theirs working things out. It’s often quicker and less stressful than going to court. Medication is also and option.
Special Damages
Special damages cover the out-of-pocket expenses you’ve had because of the botched surgery. These are the actual costs you can show on paper, like:
- Medical Bills: The cost of fixing what went wrong, ongoing treatments, or rehab.
Lost Income: Money you didn’t earn because you couldn’t work while recovering.
Travel Costs: Expenses for getting to and from all those doctor’s appointments.
Additional Care: Any extra help you need during recovery, like home care.
General Damages
General damages are a bit different. They compensate you for things that don’t come with receipts but still significantly affect your life:
- Pain and Suffering: The physical pain and emotional toll of what you’ve been through.
- Loss of Enjoyment: How the situation has stopped you from enjoying life and doing things you love.
- Emotional Distress: The anxiety, depression, or trauma you’ve faced because of the surgery’s outcome.
Frequently Asked Questions
Negligence can occur during cosmetic surgery and procedures. When it does, it could mean the surgery was performed without adherence to the expected standard of care prescribed by the Medical Council of Ireland. A claim for failed plastic surgery or medical negligence can typically be filed by the patient or their legal representative.
In cases involving minors, parents or legal guardians can file a claim for negligence on the child’s behalf. This includes seeking compensation for any future medical needs and emotional distress.
If the patient has passed away due to complications from the surgery, the executor or administrator of the estate can file a wrongful death claim. This type of claim seeks compensation for loss of life and associated financial and emotional damages to the family.
If you’ve had a cosmetic procedure that didn’t go as planned, it’s important to know that in Ireland, you generally have two years to file a claim. This time limit starts from the moment you realise, or should have realised, that something went wrong due to negligence.
Acting quickly is essential to make sure you gather all the necessary evidence, get expert opinions, and build a strong case. Waiting too long could mean missing your chance to get the compensation you deserve.
If you are unhappy with the outcome of your surgical procedures, sustained an injury due to the doctor’s insistence on performing complicated surgical procedures for which they lacked the required expertise, you may have solid grounds for pursuing a claim. If you’ve been affected by cosmetic surgery gone wrong, our dedicated medical negligence team is here to guide you through the claim’s procedure. You may be entitled to a compensation claim for any injury sustained due to negligent cosmetic surgery.
Failed plastic surgery is considered negligence when the surgery was performed negligently, leading to patient harm. Negligence is not simply a poor outcome; it involves a wrong or error that could have been avoided with appropriate care and attention.
Need Cosmetic Surgery and Procedures Negligence Solicitors? Contact Us in Confidence
If you think you’ve sustained an injury as a result of cosmetic surgery negligence, you may be entitled to claim compensation. Our medical negligence solicitors are ready to offer confidential advice and guide you through every step of the claims process. We will assist you in understanding your options and taking the first step towards getting the compensation you deserve. Get in touch with us today.
Call us today to discuss your options.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@mks.ie