Cosmetic Surgery Compensation Claims Solicitors

How much compensation can I claim for negligent cosmetic surgery?

The compensation you can claim for cosmetic surgery negligence will depend upon how serious the impact of the negligent cosmetic surgery is, and could range from a few thousand pounds for relatively minor injuries up to tens of thousands for more serious cases.

The compensation as a whole will be made up of general damages and special damages.

General Damages

General damages are an amount of compensation intended to reflect the nature of any injury, and in particular:

• The harm you suffered and how severe it is
• Any emotional distress and trauma you have experienced
• The degree to which the injury impacts your overall quality of life
• Whether the negligent treatment leaves scarring or a disfigurement
• The prognosis for any recovery

Examples for compensation amounts for negligent cosmetic surgery claims include:

• Severe facial scarring – £36,340 to £118,790
• Minor facial scarring – £11,120 to £36,720

In general terms, if permanent scarring or disfigurement is present then the general damages paid will be higher.

Special Damages

The special damages included in any cosmetic surgery compensation payment are intended to make sure that the negligent treatment doesn’t leave you financially worse off than you would otherwise have been. They will include an amount to cover earnings lost if the injuries impact your ability to work, and direct expenses including the following:

• The cost of any corrective surgery or medical treatment needed, now and in the future
• The cost of travel to and from medical appointments linked to the injuries
• The cost of any therapy or counselling needed to deal with the psychological impact of the cosmetic surgery negligence

What are the most common types of cosmetic surgery compensation claims?

Cosmetic surgery claims can cover any negligent treatment from a professional delivering cosmetic treatment, both surgical and non-surgical. The common types of cosmetic surgery claims we see include the following:

• Breast Augmentation – issues could include loss of sensation, asymmetry, misshapen breasts or damaged implants
• Facelifts – problems can range from infections and paralysis to excessive scarring or infection caused by an unclean surgical environment
• Liposuction – If liposuction isn’t carried out with the proper care and attention it could lead to problems as severe as organs like the bowel being punctured, with long term effects
• Rhinoplasty – a poorly performed rhinoplasty could lead to physical and visual deformity, reduced sense of smell and numbness
• Tummy Tuck – negligent treatment when a tummy tuck is being carried out could lead to chronic pain, nerve damage and, in the most extreme cases, damage to internal organs

Non-surgical cosmetic surgery claims

It’s also possible to claim for non-surgical cosmetic procedures if the professional responsible fails to meet their basic duty of care. Non-surgical procedures which could form the basis of a cosmetic surgery claim include the following:

• Botox and filler injections
• Laser treatments
• Microneedling
• Clerotherapy
• Chemical peels
• Photorejuvenation

Any professionals responsible for cosmetic surgery treatments, as well as taking due care when undertaking the procedures, need to gain informed consent from the patient. This means that you, as a patient, have a firm understanding of what a procedure involves and what the risks are.

If you weren’t able to give informed consent before undergoing cosmetic surgery then the medical professional concerned may have behaved negligently. In all cases, the impact of negligent cosmetic surgery could be emotional and psychological as well as physical, involving depression and PTSD.

If you think that a cosmetic procedure you had was handled in a negligent manner then contact us today. The initial consultation we provide is free of charge, and if we think you’ve been the victim of negligence we’ll do everything we can to get the compensation you’re entitled to.

What is the time limit for making a cosmetic surgery compensation claim?

The time limit for filing a cosmetic surgery compensation claim is 3 years from the date of the negligent treatment. After this, with a few rare exceptions, you will no longer be able to start a compensation claim.

Possible exceptions to the 3 year time limit include the following:

• If you were under 18 on the date of the negligent treatment then the 3 years will run from your 18th birthday to your 21st
• If you don’t have the ‘mental capacity’ to start the compensation claim during the initial 3 year period – if you are in a coma, for example – then the time limit will run from the date on which you regain mental capacity

Although the 3 year limit is in place we would always advise starting a cosmetic surgery compensation claim as soon as possible after the negligent treatment.

The circumstances will be fresher in your mind and it will be easier for our medical negligence solicitors to get hold of the relevant medical records.

Can I make a no win no fee cosmetic surgery claim?

If you make a cosmetic surgery claim with Wolferstans we’ll work on a no win no fee basis. In simple terms, this means the following:

You won’t have to pay us anything up-front, or while we’re gathering evidence, putting your claim together and negotiating with the other party

You’ll only have to pay a fee to us if your claim is successful and you’ve received a compensation payment. This success fee will never be more than 25% of the compensation you receive.

If the claim isn’t successful then any costs owed to the other party will be covered by insurance which we take out on your behalf.

We handle cosmetic surgery claims on a no win no fee basis because we believe that you should be able to seek compensation to help get your life back on track without worrying about how much it might cost you. When you claim with Wolferstans there are no hidden fees or extra charges, just a team of medical negligence experts working on your behalf.

What constitutes cosmetic surgery negligence?

Cosmetic surgery negligence is defined as follows:

• Your cosmetic surgery involved care which fell below the standards you would reasonably expect from a professional
• This failure directly led to harm or injury which should have been avoidable

The harm or injury in a cosmetic surgery negligence claim could involve an error during the surgery, poor post-operative care, damage to nerves in the face or other parts of the body or excessive scarring.

The impact of the negligence is likely to be psychological as well as physical, and in some cases, such as breast augmentation or a tummy tuck, the results of cosmetic surgery negligence might include damage to internal organs and long-term or permanent illness and disability.

What is the process for making a cosmetic surgery negligence claim?

We understand that the emotional and psychological fall-out of negligent cosmetic treatment could be huge, leaving you feeling traumatised and distressed. Claiming compensation may sound like a daunting prospect, but the team at Wolferstans will do their best to guide you through it in an empathetic and supportive manner.

We’ll break the cosmetic surgery claim process into clear and ‘doable’ individual steps, including the following:

When you first contact us we’ll provide a free consultation during which you can tell us what happened when you had cosmetic surgery and how it has impacted you. If we think you have a good case for compensation we’ll explain how medical negligence claims like this work and, if you agree, start pulling your claim together.

We’ll start by taking a detailed personal statement from you, including the treatment you elected to have, how that treatment was delivered, where you feel it fell below reasonable standards and how it has impacted your life.

We’ll arrange a medical evaluation with an expert of our choice. This will create a full picture of the nature and severity of your injuries, the prognosis for any recovery and whether further corrective treatment will be needed.

We’ll pull together your medical records, particularly those relating to your cosmetic surgery and any treatment you’ve needed since. Where relevant we’ll use your past medical records to point out any change in your general health and well-being before and after the cosmetic treatment.

We’ll ask if you took any photographs immediately following the cosmetic treatment, and we’ll take images of the condition of your injuries – such as scarring, for example – at the time of the claim.

We’ll take witness statements from people such as friends and family who can describe the condition you were in immediately following the cosmetic surgery

We’ll bring together any documentation relating to the financial impact of the negligence, such as bank statements, wage slips, bills and invoices

Copies of any correspondence you’ve had with the medical professionals who were responsible for your cosmetic surgery, such as any formal complaint you might have made and the response received

If liability is admitted we’ll negotiate a full and fair compensation settlement.

In a small number of cases the other party may deny liability or refuse to make a fair offer, in which case the claim will be settled in court. If this happens we will be by your side throughout, arguing your case and presenting the facts of your claim clearly and calmly.

In some cases liability is admitted but the complex nature of the injuries means that it takes longer to reach a fair compensation settlement. If this happens we will apply for interim payments to help you with costs such as medical bills and lost earnings until a final settlement is agreed.

Throughout this process our medical negligence solicitors will be on hand to deliver one to one support and empathetic advice, answering any questions or concerns you have in a clear, calm and jargon-free manner.