Surgical Scarring Claims
Scars left by surgery can have a significant impact on a person’s psychological wellbeing, as well as potentially having implications for their physical health. Where unnecessary scarring has been caused by surgical negligence it can lead to significant suffering that could have been avoided.
In such cases, it may be possible to claim compensation. This can be used to help fund private cosmetic surgery to deal with the scarring, as well as potentially paying for counselling and other types of support. Where the scarring has affected your ability to work or other areas of your life, you may also be entitled to further damages.
Wolferstans’ solicitors have particular experience in this niche area of medical negligence claims, having secured damages for our clients in a large number of cases. This expertise means we can provide a realistic assessment of your chances of success, then give the very best chance of achieving a fair outcome.
Our experience allows us to value surgical scarring claims with a high degree of accuracy, giving you a clear idea of what you may be able to achieve and helping to prevent the risk of you under-settling your claim.
With our skilled advocacy and strong expertise in non-confrontational dispute resolution, we can usually secure compensation without the need for court action. This can help you get a result faster and at lower cost, while saving you from the stress and uncertainty that can be associated with a court hearing.
We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.
Our scar injury claims service
We work with clients throughout England and Wales on a wide range of surgical scarring compensation claims, including those related to:
- Use of the wrong type of stitches or the wrong stitching technique for the type of wound
- Incorrect use of equipment when making or closing up an incision
- Excessive skin removal during surgery
- Scarring due to negligent cosmetic surgery
- Inadequate surgical aftercare leading to infection
Read about some of the cases we have successfully pursued in relation to claims for scarring due to medical negligence.
How scar injury claims work
Our clinical negligence lawyers will can provide empathetic, practical support and guidance for the entire claims process, making things as easy as possible for you.
A typical claim for scarring due to medical negligence will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
Funding a surgical scarring compensation claim
When dealing with the physical and psychological impact of scarring caused by surgical negligence, the thought of how to fund a claim may seem intimidating. However, as long as we believe your claim justifies further investigation, we are committed to helping you find an appropriate way to fund your legal costs.
A no win, no fee surgical scarring claim is often the best option, allowing you to start a claim without paying anything towards your legal costs and expenses up front. More properly known as a ‘conditional fee agreement’, this type of deal means you only contribute towards your legal costs if your claim results in compensation.
Where your claim is successful, your costs will be based on a pre-agreed percentage of the damages secured. This gives you complete transparency over the likely costs involved at all stages and means you will always receive the maximum benefit from your claim.
One alternative option is to fund your surgical scarring claim using legal expenses insurance. This is sometimes offered as an optional extra with home insurance policies, as well as with some bank accounts and credit cards, and may be worth considering where available.
To discuss your options for covering the cost of a surgical scarring claim, please don’t hesitate to get in touch.
Find out more about funding a medical negligence claim.
Our expertise in negligent scar injury claims
Our clinical negligence lawyers have strong experience with claims for scarring due to surgical negligence, giving us particular knowledge of what is needed for success with these types of claims. This means we can ensure no relevant details are missed and that your case is built the right way from the outset.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
Find out more about our medical negligence claims team.
Read our client testimonials.
Common questions about surgical scarring claims
There is a standard time limit of 3 years for most surgical scarring claims, with this time limit being counted either from when the scarring occurred or when you became aware it may have been due to medical negligence.
However, depending on the circumstances and who the claimant is, there may be different time limits that apply. This is most often the case where you need to make a claim on behalf of someone else.
- If the claim is for someone under 18 – Their parents or guardians will normally need to make a claim before the claimant turns 18. If this is not done, the claimant will then be able to bring their own claim up until their 21st birthday.
- If the claimant lacks the mental capacity to make a claim – There is normally no time limit for someone else to make a claim for them.
- If the claim is with respect to someone who died due to complications related to surgical scarring – There will usually be a time limit of 3 years from the date of death for a representative of their estate to make a claim.
Because it can be difficult to determine exactly which time limit applies and whether there is still time to make a claim, we recommend speaking to a member of our team no matter how long ago the negligence in question occurred.
This will be determined based on the seriousness of the scarring, the impact it has had on your health and wellbeing, and any specific costs incurred as a result.
You can normally claim two types of damages for scarring due to medical negligence:
Special damages – Covering specific financial losses incurred up to the date of settlement. This can include things such as paying for private cosmetic treatment or counselling, as well as lost income if the scarring has affected your ability to work.
General damages – Covering non-financial losses (e.g. pain and suffering, the affect on your lifestyle), as well as expected future financial losses (e.g. from any long-term impact on your career).
To be able to claim compensation for scarring following a medical procedure, you will usually need to show:
- The scarring was caused by negligence i.e. it would not have occurred or would have been much less severe if competent treatment had been provided.
- The scarring poses a risk to your health or wellbeing, including the psychological impact of the scarring.
You may also need to show that there are specific financial costs associated with the scarring, such as paying for private cosmetic treatment to fix the scarring or counselling to deal with the psychological impact.
Further information about surgical scarring claims
For more information about compensation claims for scarring due to negligent surgery and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.
Start a surgical scarring claim with us today
To arrange a free initial no obligation consultation and find out more about starting a scar injury claim:
To arrange your consultation please contact the new client team on 01752 292204.