Nose surgery personal injury claims.
Nose surgery, also called Rhinoplasty, or more colloquially, a ‘nose job’ is a common procedure in the UK with around 4000 procedures taking place each year, on a privately funded basis, and courtesy of the National Health Service.
As with any contract, especially when funded on a private basis, those undergoing surgery, have the right to expect a certain standard of care from your medical practitioner or surgeon and so, if you do not receive this standard of care and you sustain an injury or your outcome falls short of reasonable expectation, you may well be entitled to make a personal injury claim, arising out of medical negligence.
What is a nose surgery personal injury claim?
Not all of us have the nose of a Greek god, and nose surgery, or rhinoplasty, is one of the most common types of cosmetic, or ‘plastic’ surgery.
The nose is a defining facial feature, so, many individuals who are unhappy with some aspect of their nose turn to rhinoplasty, seeking improvement at the hands of a skilled surgeon, and are promised that that bump will be removed, or your misaligned nose, that has bothered you for years, will now be straightened. What must be understood, and indeed, consented to prior to the rhinoplasty taking place, is that rhinoplasty is a complex procedure that requires master knowledge of the anatomical structure of the nose as well as meticulous precision and skill. If the surgery is carried out correctly, in sanitised, hygienic conditions, sterile equipment, a skilled surgeon, and the best aftercare treatment, then all should be, and does usually, go to plan, However, accidents happen, and surgeons can make mistakes, meaning that the final result of nose surgery can sometimes be unsatisfactory, appear too obvious, lead to other uncomfortable health problems, or simply cause an unintended personal injury to you, during the surgery.
Is there any limit on the type of nose surgery, or type of practitioner I can claim for?
No, there is no particular limit, so whether your nose surgeon was an NHS practitioner or private consultant, they still owe you the same duty of care. Any other practitioners at their offices are also bound by the same legal duties and so, if you have been injured as a result of failings of a radiologist, anaesthetist or any other of member of their staff, you are still entitled to make a claim. Contact MG Legal’s experienced nose surgery personal injury claims solicitors and they will get to the bottom of the matter, providing clear and consistent advice throughout the case.
Does the surgery failing, not going to plan, or needing further work mean my treatment was negligent?
This question and many others explain exactly why it is necessary to have an experienced, dedicated and knowledgeable legal representative in your corner. With any medical procedure, there are risks and you will be asked to sign a Consent Form by your nose surgeon before any treatment commences. So, to answer the above question, needing further treatment or something not going to plan is not always evidence of negligence. Many surgeons will use that Consent Form as a shield and try to use it to justify any failure. MG Legal’s expert nose surgery personal injury solicitors are practised at separating the genuine unfortunate results from the results of negligence and we have access to a number of medical experts who can provide reports detailing the failings and why they did not meet the criteria of a reasonably competent surgeon – the standard set in the High Court case of Bolam v Friern, which is one of two pieces of key case-law that govern medical negligence claims. Quite simply, until we are able to obtain your full medical records and seek an expert opinion, this is a question we cannot fully answer. This is why MG Legal offers a review service for free and then we will handle all matters we accept on a no win no fee basis so that you have the answers you need without any risk.
What are the most common injuries arising from nose surgery?
Whilst every case is different, some of the most common problems following negligent nose surgery can include:
• Scarring or sub-par appearance
• Excessive or abnormal bleeding
• Decreased or lost sense of smell
• Injury or deformation of the columella (skin separating the base of the nostrils)
• Breathing problems
• Nerve damage
Whether you have experienced one of the above problems, or if you believe any other injury was caused by your nose surgeon, get in touch with MG Legal’s specialist nose surgery personal injury solicitors for a free-of-charge, no obligation discussion about your case.
Can I claim for nose surgery personal injury it the surgery was carried out abroad?
The cost of many types of surgery is increasing the number of people seeking treatment abroad, often for much cheaper prices and with shorter waiting lists. We would caution any individual against going abroad simply on the basis of cost. Often, cheaper surgeons in foreign countries are less qualified and potentially uninsured, with the risk of this increasing outside Europe.
The second problem with surgery abroad is that if anything goes wrong, you would likely need to make a claim in the country where you had the surgery, which leaves you in the position of bringing a claim in a country where you probably don’t speak the first language and where solicitors from England and Wales have no right of audience, meaning you would need to instruct and communicate with a solicitor from that foreign country.
If you are referred to a surgeon based abroad by an agent or practitioner in this country, there is potential to make a claim against the referring party, however, we strongly recommend that you check the terms of any referral to ensure that it does not contain any legal waiver or ‘loophole’ such as agency status or introducer.
For the greatest safety and to have some assurance that your surgeon meets a certain standard, approaching a surgeon within the bounds of the UK is most strongly recommended.
How much is my nose surgery negligence personal injury claim worth?
This is a common question we are asked and the truth is that until we have full medical evidence, we can’t be totally sure. Personal injury claims are evidenced primarily in a report from a medical expert, in this instance likely a cosmetic surgeon, a surgeon specialising in rhinopasty procedures, and potentially a psychologist if you have psychological symptoms, arising out of the way your nose now looks.
The ultimate aim of this process is to restore any losses or expenditure and then, as the injury cannot be “undone”, to award you an amount of money to compensate you for the pain, suffering and loss of amenity caused by the negligence.
How long before my claim settles?
Every claim is different and so, whilst it is our goal to conclude your claim as quickly as possible, much depends on the severity of your injuries, the extent of expert medical evidence and whether the fault party disputes the claim or not. Different agents handle claims in different ways, for example the NHS Resolution Department, if your claim is against an NHS surgeon, will handle a claim differently to the Medical Defence Union, who act for a lot of private surgeons.
What we would say is, MG Legal’s expert nose surgery negligence personal injury solicitors will ensure your claim is progressed as efficiently as possible, and we will always be available for our clients to contact us for updates so that you know what it going on.
How long have I got to make a nose surgery compensation claim?
Subject to the Limitation Act 1980, if you have been injured as a result of nose surgery you have three years from the date of negligence, or the date you know about the negligence, to pursue a claim for personal injury. So, if your surgeon makes a clear error on the day, your three years would start straight away, however, if everything appears ok to start with and then you later find out about an issue, say your nose is later found to be damaged or the work is substandard and fails long before it is expected to, your three years starts from the day you find out this information.
Who pays my legal fees if I make a nose surgery personal injury claim?
At MG Legal, we accept all cosmetic surgery negligence claims, on a No Win No Fee basis, as we believe access to justice should not entail up-front costs, legal jargon, and confusing conversations with fussy solicitors who don’t live in the real world.
Rest assured that if we can help you obtain compensation for a nose job you aren't happy with, then we will. Surgical procedures should be carried out properly, with the correct equipment, and by someone with the appropriate expertise and training. So, if you have suffered a personal injury during a surgical procedure, as a result of someone else’s negligence, then why should you have to pay up front legal costs to get access to legal representation?
Contact MG Legal, and if we accept your case, we will work on a No Win No Fee basis, with no financial risk to you.
Why choose MG Legal for my nose surgery personal injury compensation claim?
At MG Legal, each solicitor takes a personal interest in each case and we have a dedicated department dealing with personal injury claims occurring in medical treatment, including nose surgery.
Our success rate, which exceeds 99%, is testament to the fact that when we take a claim on, we explore every avenue to ensure that our clients receive the personal injury compensation they deserve.
Have a read of our reviews, and if you have any questions or queries about your claim for cosmetic surgery negligence, then please do not hesitate to give your local office a call, or pop in, and see one of our friendly personal injury solicitors, for a no cost, no obligation chat.
We believe that our confidence in our own ability is demonstrated by the fact that every personal injury claim we accept is on the basis of a Conditional Fee Agreement, also known as a no win no fee agreement, which means that if we do not succeed for our client, we do not get paid for our work.