Introduction to Cosmetic Plastic Surgery Compensation Claims
If you have had a plastic surgery procedure completed, and have been injured by the surgeon or have suffered health complications during or after surgery, it may be possible to make cosmetic plastic surgery compensation claims and to be compensated for your pain, suffering and loss.
A claim for an error by a plastic surgeon may not be possible for an undesirable outcome, as there is never any guarantee that a procedure will produce the desired results. There is an element of risk associated with any surgical procedure, and it is not necessarily the fault of the surgeon for plastic surgery gone wrong. If a course of action should have been taken by the surgeon to prevent you from coming to harm or to improve the results, it may be possible to claim cosmetic surgery compensation, provided this can be established and proven.
If you are not entirely happy with the work that has been performed, you should speak with your plastic surgeon to find out why the procedure failed. You should also contact a medical negligence solicitor to find out if you have grounds for making a claim for a cosmetic surgery error.
Although it is not possible to turn back the clock, it may be possible to correct the damage that has been caused by a negligent plastic surgeon, and claiming compensation for plastic surgery gone wrong will ensure that the appropriate surgical treatments can be afforded.
Cosmetic Surgery and Medical Negligence
Plastic surgery does not always produce excellent results and, while you may not be happy with the outcome, you will only be entitled to claim compensation for plastic surgery gone wrong if the following criteria are satisfied.
- An injury must have been caused by the action – or inaction – of the surgeon
- The injury must have resulted from negligence by the surgeon
- A duty of care must have been broken
- An injury must have been preventable under the circumstances
It is also possible to make cosmetic plastic surgery compensation claims if a plastic surgeon failed to explain the risks of a procedure or has mislead a patient about the probability of the procedure being successful. If you want to have your eligibility to make a claim for an error by a plastic surgeon confirmed, or want to find out how much cosmetic surgery compensation you may entitled to claim for a cosmetic surgery error, you should speak with a specialist medical negligence solicitor about your case.
Negligence, Compensation and Complications with Cosmetic Surgery
Although cosmetic plastic surgery compensation claims can be made for complications which arise from a surgical procedure, often there is little a plastic surgeon can do to prevent complications from occurring. Many complications can result from cosmetic surgery which are outside the control of the surgeon and could not be predicted as a reasonable consequence of a particular procedure.
If it cannot be proven ‘on the balance of probabilities’ that a competent surgeon possessing a ‘reasonable level’ of skill could have prevented a complication from occurring under the same set of circumstances – and thus a patient coming to harm – it will not be possible to claim cosmetic surgery compensation.
It is neither possible for a highly experienced medical negligence solicitor nor the patient to prove that complications from surgery should have been avoided under the circumstances. An expert, independent plastic surgeon will need to review whatever evidence is available to assess the actions of the surgeon who performed the operation. Only then can the right to make a claim for an error by a plastic surgeon be confirmed.
After a solicitor has investigated a claim for a cosmetic surgery error, he or she will arrange for the case will be reviewed by a medical expert to confirm medical negligence, after which the claim for compensation for plastic surgery gone wrong can then be pursued.
Compensation for a Face Lift Gone Wrong and the Injuries Board
If you make an application to the Injuries Board to have a claim for a cosmetic surgery error during a face lift assessed, your case will be rejected. Although the majority of personal injury claims in Ireland are assessed by the Injuries Board, claims for compensation for plastic surgery gone wrong and other injury claims involving medical negligence are currently exempt. This means that in order for an assessment of cosmetic surgery compensation amounts to be conducted, it is necessary to enlist the services of a medical negligence solicitor.
A solicitor will also confirm whether or not you may be eligible to make cosmetic plastic surgery compensation claims for a face lift gone wrong and, if so, will take the necessary steps to maximise the probability of the claim being successful. This will include conducting a thorough investigation of the claim, gathering evidence of negligence and investigating the surgeon to find out about other claims that have been made.
When a claim for an error by a plastic surgeon is thoroughly prepared by a medical negligence solicitor, and a considerable body of evidence is collected to establish negligence, it will increase the probability of the claim being settled out of court and of the patent receiving their full entitlement to personal injury compensation.
Making a Claim for a Surgical Error During Plastic Surgery
Whenever a surgical procedure is conducted there is an associated risk, even with relatively minor operations such as face lifts, liposuction and scar revision surgery. These risks should be explained to a patient in full prior to the operation being performed and a two week cooling off period should be provided to allow a patient to fully consider all possible outcomes of the treatment. A failure to explain these risks is considered negligence and can result in successful claims for cosmetic surgery compensation being made against the surgeon.
Patients can also make a claim for a cosmetic surgery error which has caused an injury, disfigurement or a medical complication to be suffered, provided it can be established that it resulted directly from the negligence of the surgeon. There are many factors that can affect the right to make cosmetic plastic surgery compensation claims, so it is important that legal advice is sought promptly to ensure that action can be taken to ensure the right to claim compensation for plastic surgery gone wrong is not lost.
Claiming for a Breast Implant Surgery Error
Breast implant surgery errors are fortunately rare, and nowadays breast augmentation surgery is considered to be a safe procedure with a relatively low risk of complications. However, when mistakes are made by a surgeon they can cause serious health problems to develop. If it can be established and proven ‘on the balance of probabilities’ that a surgeon has caused harm to a patient because of negligence, a claim for an error by a plastic surgeon will stand a high probability of being successful.
When the negligence of a plastic surgeon affects the outcome of breast augmentation, it should be possible to make cosmetic plastic surgery compensation claims to cover the cost of surgical procedures to correct the mistake, in addition to being compensated for the pain and suffering caused.
You should seek legal advice from a medical negligence solicitor about claiming cosmetic surgery compensation if you have suffered any of the following problems after breast implant surgery.
- Loss of nipple sensitivity
- Ruptured implants
- Unnatural positioning of breasts
- Rippling of implants
- Capsular contraction
- Excessive or highlight visible scars
Claiming for a Liposuction Surgery Error
Provided that it can be established and proven that an avoidable complication was suffered with liposuction because of a mistake made by a surgeon, it should be possible to claim cosmetic surgery compensation. The most common liposuction surgery errors are listed below, and these can form the basis of cosmetic plastic surgery compensation claims for liposuction under certain circumstances.
- Perforated internal organs
- Burns from chemicals or lasers
- Haematomas and excessive bleeding
- Infections introduced by the surgeon
- Anaesthetic errors
- Nerve damage
- Excessive scarring
- Sagging skin
If you are not happy with the results of liposuction, and feel that the surgeon did not explain the risks or performed the procedure incorrectly, you should seek legal advice about making claims for cosmetic surgery errors.
Claiming for a Rhinoplasty Surgery Error
Nose reshaping is a complex plastic surgery procedure which requires considerable skill on the part of the surgeon. When a surgeon performs an operation incorrectly, fails to exercise sufficient care or does not provide the appropriate level of post surgery care it may give grounds to make a claim for cosmetic surgery compensation. Cosmetic plastic surgery compensation claims are also possible for a failure to advise a patient of the risks associated with the procedure, and for an undesirable outcome due to rhinoplasty surgery errors.
If you have suffered any of the following complications from rhinoplasty, you may be entitled to claim compensation for plastic surgery gone wrong.
- Nasal collapse
- Sensory impairment
- Problems with nasal respiration
- Excessive bleeding
- Protruding implants
- Incorrect contouring and asymmetry
- Serious infections
General and Special Damages in a Claim for a Liposuction Error
Cosmetic plastic surgery compensation claims for liposuction errors are split into two components; each of which dealing with a separate aspect of the claim. General damages provides recompense for pain and suffering, with special damages concerned with recovering costs and expenses that have been incurred due to the actions – or inaction – of a negligent plastic surgeon. Cosmetic surgery compensation can also include recompense for loss of quality of life and missed opportunities, which are also claimed under general damages.
Awards of general damages are typically the major component of personal injury claims; however when a claim for an error by a plastic surgeon is made, special damages can also be considerable. It may be necessary for a patient to undergo multiple surgical procedures to correct the damage caused by complications from plastic surgery. The cost of these treatments can be substantial, but they can usually be recovered under special damages.
Since an accurate calculation of compensation for plastic surgery gone wrong is not possible until all aspects of the injuries are known, when you first speak with a solicitor about making a claim for a cosmetic surgery error it is usually only possible to find out if a claim is likely to be worth while making. An accurate calculation will be completed after the claim has been fully investigated.
Excessive Scarring During Cosmetic Surgery and Litigation
A certain degree of scarring will be suffered with most cosmetic surgical procedures, although a skilled plastic surgeon will take all the necessary steps to ensure that scarring is kept to the minimum level, and where possible, cuts will be positioned so that should a scar develop it will not be highly visible.
It is not possible to predict the extent to which scars will form as the healing response varies considerably from patient to patient, and even the formation of extensive scars may be outside the control of the plastic surgeon. Cosmetic plastic surgery compensation claims can only be made for excessive scarring when it has been caused by negligence of the surgeon.
If you are entitled to make a claim for a cosmetic surgery error for excessive scarring from a surgical procedure, it is probable that a claim for an error by a plastic surgeon will need to be settled by litigation. This means that the claim will have to be taken to court and the outcome will be decided by a judge, along with the amount of cosmetic surgery compensation which must be paid by a negligent plastic surgeon’s insurance company. Whenever there is any doubt about negligence, or when the value of compensation for plastic surgery gone wrong that is being claimed is high, it is usually not possible to obtain a settlement out of court.
Settlement Offers for Nerve Damage During Cosmetic Surgery
If there is a substantial body of evidence to suggest that a plastic surgeon caused an injury to a patient, acted with incompetence or failed to take appropriate actions to prevent medical complications from occurring, it may be possible to negotiate a settlement for damages without taking the claim for a cosmetic surgery error to court.
An insurance company is only likely to settle cosmetic plastic surgery compensation claims if it is unlikely that a successful defence to the claim can be mounted. Should the insurance company be willing to pay compensation, a solicitor will attempt to negotiate the highest possible settlement. Should it not be possible to agree on an appropriate amount of cosmetic surgery compensation, the claim will proceed to court to be decided by a judge.
Although rare, an insurance company may approach a victim of medical negligence directly with an offer to settle the case before legal action is taken. In exchange for the quick payment of compensation for plastic surgery gone wrong, a lower compensation amount will be offered. Should an offer be made, it is essential that it is assessed by a medical negligence solicitor. It may be preferable to take legal action and make a claim for an error by a plastic surgeon to ensure that the cost of corrective plastic surgery can be afforded, and sufficient recompense is received for the considerable pain, suffering and mental anguish that failed plastic surgery causes.
How to Confirm Eligibility to Claim for an Error by a Plastic Surgeon
If you have sustained an injury during plastic surgery, have suffered complications during surgery or feel that a surgical procedure produced unacceptable results, you should speak with a medical negligence solicitor to find out if it is possible to make cosmetic plastic surgery compensation claims.
Once you have explained the extent of injuries and the pain and suffering caused, you should be able to find out if it is likely to be worth your while to make a claim for a cosmetic surgery error. If you appear to have a valid claim for compensation for plastic surgery gone wrong, you will be advised about the procedures involved in making cosmetic surgery compensation claims and will receive important advice about the steps that should be taken in your specific situation to ensure the right to make a claim for an error by a plastic surgeon is preserved.