Negligent cosmetic surgery personal injury compensation claims solicitors
If you or your family have suffered a personal injury as a result of negligent cosmetic surgery, then do not hesitate to contact our friendly, understanding, dedicated team of medical negligence solicitors. We can help you claim compensation, and all on a no win no fee basis.
I've been injured by a surgeon, what type of cosmetic procedures can I claim for?
Cosmetic surgery is more popular than ever, and becoming more and more accessible, with more surgeons offering services, with surgery offered on finance, at very affordable rates. Generally, whether the surgery is provided by the NHS, or on a private basis, the service carried out, and the treatment given by cosmetic surgeons is generally good and the majority of surgeries go to plan, with patients extremely happy with the results. However, this isn’t always the case, and sometimes, the quality of treatment provided is poor, leaving you injured, or the surgery producing unwanted results, or results that you were not warned about, and therefore could not give your express, and informed consent to. Injuries arising out of poorly carried out, negligent cosmetic surgery, due to the very intimate nature of cosmetic surgery, can often lead to horrific life-changing injuries, affecting you not just physically, but mentally.
If you've been injured by mistakes during cosmetic surgery, and the injury, of your date of knowledge of the injury, occurred within the last three years, and you want to discuss making a claim for personal injury, then please feel free to contact our dedicated cosmetic surgery negligence experts, and we will walk you through how we can assist you, on a no win no fee basis.
Claims for medical negligence include things like:
Can I make a personal injury compensation claim if my cosmetic surgery treatment was negligent?
The list of complications that can, and often do occur when undergoing any form of cosmetic surgery are almost endless, and as diverse as the different forms of cosmetic surgery you can undergo. The majority of MG Legal’s clients who have suffered injury as a result of negligent, or botched cosmetic surgery, have suffered post-surgery infection, of which they were unaware could occur, or from cuts, lacerations, or burns to their body, which were not supposed to occur during their requested surgery. In short then, the answer is, if you’ve been injured as a result of any cosmetic surgery, whether the surgery was carried out by the National Health Service, or you have sought private treatment, and the surgeon has been negligent, in their actions or omissions, then you could be entitled to make a compensation claim against them, using the surgeons public liability insurance to make a payment for personal injury compensation. Like any service you receive, when your doctor, nurse, consultant or other practitioner treats you their care must meet a certain standard.
In medical care, this standard was sent by the case of Bolam v Friern Hospital Management Committee where care provided must be “In accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art”. Put simply, the medical practitioner must treat you in a way that a reasonable number of practitioners with the same qualification would agree with.
The other test is that of Montgomery v Lanarkshire Health Board which deals with informed consent. Put simply, you must be given enough information to make an informed choice about your chosen treatment option. The key phrase in the Judgement of the Supreme Court was “rather than being a matter for clinical judgment to be assessed by professional medical opinion, a patient should be told whatever they want to know, not what the doctor thinks they should be told.”
MG Legal’s team of solicitors specialise in all types of personal injury, and will accept your claim for medical negligence compensation on a no win no fee basis, subject to the following:
Your treatment, or knowledge of the error, must have been in the last 3 years
That the treatment either fell below the standard expected of a competent professional, or you were not sufficiently cautioned of the risks.
That the negligent treatment or omission caused you to suffer illness or personal injury.
What can I claim for?
If you have suffered a personal injury as a result of the negligence of a cosmetic surgeon, then you can make a claim for personal injury, and any additional damages associated with your injury. For example, your claim for personal injury is knows as ‘general damages’. In addition to a claim for general damages you may have heard the term ‘special damages’ used. The role of your personal injury solicitor is to put you back in the situation you were, financially speaking, prior to the incident that caused you to suffer a personal injury; in the sense of general damages, this means your personal injury solicitor is instructed to obtain you an amount of money for your personal injury, that reflects your physical injury: to do this, we must obtain medical evidence from an appropriately qualified medical practitioner, so that a prognosis for your recovery can be stated, and your claim for personal injury valued, subject to, at the present time, the 15th Edition of the Judicial Studies Board Guidelines.
The most Common examples of special damages include:
• medical expenses –including painkillers, treatment, physiotherapy, CBT Treatment, privately funded MRI Scans, doctor’s consultation fees, diagnostic tests, massage therapy or any over the counter medicines you have purchased.
• Long-term medical expenses – Some injuries may require you to undergo long term physiotherapy or other medical treatments. If this was made necessary because of the accident, you can claim compensation under special damages.
• Travel costs – if you have suffered a personal injury that requires regular medical attention, such as outpatient visits to your local, or perhaps not so local hospital, then your personal injury solicitor at MG Legal will ask you to keep your receipts for petrol, the train, buses, or any other payment for transport that you have had to pay as a result of you being injured.
• Loss of income – A sometimes huge part of a personal injury claim is the claim for lost earnings and income. If you have been absent from work as a result of your injury, then MG Legal will request payment for any lost earnings from the negligent person’s insurers. In the case of pursuing a claim for loss of earnings from a negligent cosmetic surgery procedure, then we would ask for your last 3 months wage slips, if you are employed, or last 3 years’ accounts if you are self-employed, calculate your lost earnings, and forward a request for payment to the negligent surgeon’s public liability insurers. Loss of income compensation is applicable if your salary was cut or if you lost out on some monetary bonus or other perks because your injuries forced you to stay away from work for a period of time.
• Loss of earning capacity – in cases where your personal injury limits the work you can do, and are forced to leave a job, and seek alternate, lower paid work, as a result of your injuries, then MG Legal’s personal injury solicitors will calculate your future loss of earnings, by working out your annual net loss, called the multiplicand, and multiplying this figure by a multiplier, and this will be worked out by your age, how many years you have left to work before retirement, and any potential pay increases that you may have received during your working life, but for your personal injury. If the injuries are such that you are unable to return to your former place of employment and are forced to take up a lower-paying job, you may be able to claim compensation under this category. Basically, if the injury you have suffered as a result of your cosmetic surgery negligence injury would disadvantage you in seeking employment in the labour market, then the personal injury experts at MG Legal will ensure that you claim for this head of damages, loss of earning capacity, commonly referred to as a Smith v Manchester award, named after the case that popularised the claim.
• Replacement of damaged property – this special damage claim is somewhat rare in the case of cosmetic surgery negligence claims, as you do not usually have property on you at the time of undergoing a cosmetic procedure. This head of special damages relates mostly to repairing or replacing damaged motor vehicles, in road traffic accident, replacement of damaged clothing if you have damaged clothing in a trip, slip or a fall in the street, and so forth, That said, If your personal property was damaged in the accident, MG Legal’s specialist personal injury solicitors will help you claim for the actual cost of repairing or replacing it.
• Cosmetic surgery repair costs – if your surgeon has failed to straighten your nose, and you require additional surgery, then our expert personal injury solicitors would request payment of whatever the reparation costs would be, from the negligent surgeon’s public liability insurance. Likewise if a surgeon has given you the wrong shaped, sized, type of breast implants, or cut you to a degree where further surgery is required to repair any damage to muscle tissue, or skin. If your tummy tuck surgery was carried out negligently, leaving you with fatty tissue where you shouldn’t have any, or your laser surgery has burnt your skin, and you now require camouflage, or makeup for the rest of your life to make your injury less noticeable, then MG Legal’s expert personal injury solicitors will seek these costs from the negligent cosmetic surgeon’s insurers.
Evidence is key to MG Legal’s personal injury solicitors settling your cosmetic surgery compensation claim, and your injury will be assessed, and, subject to your claim being accepted by our offices, on a no win no fee basis, the best medical experts in their field will be requested to prepare reports on your injury, detailing the physical, mental and monetary effects the injury has had on your life, and will have on your life in the future, and allowing our personal injury team to value the personal injury aspect of your cosmetic surgery compensation claim, so that the compensation you receive, reflects the seriousness of the injury you have sustained as a result of someone else’s negligence.
How long do I have to make a personal injury claim?
If you are over the age of 18, then you, in normal circumstances, have three years to make a claim for personal injury, including a claim for personal injury sustained due to negligent cosmetic surgery.
This three-year period starts either on the date of the negligent act if you are aware of it or in some cosmetic negligence cases, the three year period is deemed to start when you become aware of the link between your injury and the act of negligence; this is referred to as the date of knowledge
If you do not either settle your personal injury claim, or issue proceedings in the County Court within your three -year time limit, your claim will become automatically Statute Barred under the Limitation Act 1980.
These limits can sometimes be different, for example when dealing with children or patents with limited capacity, such as those in comas or who have dementia. If in doubt, contact MG Legal’s specialist cosmetic negligence solicitors to ensure that you receive the advice you need immediately and you do not miss any deadlines that might stop you making a claim.
Why choose MG Legal for my compensation claim?
Quite simply, our personal injury solicitors are a small, dedicated team with a wealth of knowledge of cosmetic surgery negligence claims. From thread vein removal, to poorly carried out cosmetic dentistry work, and negligently carried out breast augmentation, and botched hair transplants, that have gone septic, we have seen it all, and our success rate for winning compensation for our clients, on a no win no fee basis, exceeds 99%. Our solicitors are driven by getting our injured clients the most compensation possible, and we pride ourselves on our sensitive, honest, and hardworking approach. Any of our cosmetic surgery claims experts below will be pleased to discuss your case and offer free advice over the phone.