Claiming Compensation for Dermal Filler Injury

Dermal filler claims

Dermal filler claims

By Megan Stanley. Last Updated 16th November 2022. The main reason for opting for a dermal filler procedure in the UK for most people is to gain more confidence and be happier with their appearance. Many want to slow down the signs of aging such as fine lines, wrinkles and thinning lips, by having dermal fillers to plump these areas out and add fullness to them, giving a more youthful appearance.

Unfortunately, although having a dermal filler procedure is relatively safe, complications can occur and things can go wrong if it isn’t carried out correctly, possibly leaving the victim with a physical injury and in a lot of distress. If the complications arose due to negligence, and this can be proven, then the victim could make a personal injury claim.

Legal Helpline is a personal injury claims firm that has been specialising in the industry for many years and with their experience and expertise, can help you to rightfully claim dermal filler compensation if you have been the victim of a botched dermal fillers procedure.

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Dermal filler injury compensation claims guide

Legal Helpline deal with many different types of personal injury claims cases but have found that there has been a rise over recent years in the number of dermal filler compensation claims purely because the number of people opting to have these kinds of treatments risen substantially in comparison to say ten years ago. Although the procedures are fairly straightforward and deemed safe overall, there is still the risk of things going wrong which can cause unwanted injuries and side effects of which some can be permanent. If this has happened to you, then you may want to find out more about dermal filler claims.

Legal Helpline have produced this guide to give people who have been the victim of a dermal filler gone wrong, information on making a dermal filler injury claim. The guide includes information such as how to determine if you are eligible to make a claim, how to start dermal fillers claims, what can be included in your claim, an estimate of what you may receive as a settlement, and much more.

If you are the victim of clinical negligence and want to claim compensation for dermal filler procedure that went wrong, then have a read through our guide and contact Legal Helpline for further assistance.

What is a dermal filler treatment?

Dermal fillers are used to plump out fine lines and wrinkles and so revive the fullness and volume in the facial area and other areas on the body to give a more youthful appearance. They work by a substance being injected into the area being treated. Depending on the type of filler used, the treatment can be either permanent or temporary. A lip dermal filler procedure used to plump up the lips, would normally take around 45 minutes to complete.

Common types of fillers used are:

  • Polymethylmethacrylate beads PMMA – This is the most risky substance used and is permanent.
  • Poly-L-lactic acid PLLA – By using this substance the effects may last several months, up to two years.
  • Calcium Hydroxyl Apatite – The effect will typically last up to 18 months with this type.
  • Hyaluronic Acid – This is more temporary, lasting between 4-6 months.
  • Collagen – Again, this is a more temporary type that lasts between 3-6 months.

How Long Do I Have To Claim?

If negligence has resulted in dermal or lip fillers gone wrong, in the UK you only have a certain amount of time to start a medical negligence claim. Generally, these time limits are:

  • 3 years from the date of medical negligence.
  • Or 3 years from the date that you first realised that medical negligence caused you harm.

There are also certain exceptions to these time limits. For example, if a minor suffered harm due to medical negligence, they will have three years to start a claim once they turn 18. Alternatively, a court-appointed litigation friend could make a claim on their behalf before they turn 18.

However, you must remember that to be eligible to make a claim for bad filler, you must prove that because a medical professional breached their duty of care, you suffered unnecessary harm.

Contact our advisors today to find out whether you could make a claim for face filler that has gone wrong, or for more information on the time limits for claiming.

Most common dermal fillers

There are various reasons why someone may opt to have a dermal filler procedure, the most common are:

  • Lip Fillers – Having plump lips has become increasingly popular over recent years, particularly for women.
  • Cheek Fillers – As we age, we naturally lose some of the subcutaneous fat in the face causing facial volume to be lost, therefore some people have cheek fillers to give more volume again and a youthful look.
  • Fine lines and wrinkles – Dermal fillers are used to lessen the effects of fine lines and wrinkles by filling the lines and plumping them out.
  • Nose Bridge Fillers – Often some people may find they develop a deep ridge in the bridge of their nose as they age. Dermal fillers are used to reduce this.

The main reason someone opts for dermal fillers is to counteract the aging process and to gain a more youthful complexion.

Both men and woman have the procedures but by far, most people who undergo these procedures are women.

Common injuries from dermal filler treatments

There are a number of different injuries that can be caused by having a dermal filler treatment, the most common being:

  • Infections
  • Bruising
  • Itchiness
  • Swelling
  • Rashes
  • Problems where the filler has moved away from the treated area.

Also although rare, these problems are also a possibility:

  • Tissue death, blindness that is permanent, or suffering a pulmonary embolism all due to a blood vessel becoming blocked with the filler.
  • Lumps of filler forming under the skin which may need to be corrected by surgery or medication.

Can I claim compensation for a botched dermal filler treatment?

In order for a dermal filler compensation claim to be successful, you need to be able to prove that your injury was due to someone else’s negligence. The professional performing the procedure has a moral duty of care to ensure the health and safety of their clients when carrying out cosmetic procedures such as botox and dermal fillers treatments. There are various reasons how the person performing the procedure may have acted negligently when carrying out the treatment, the tw  most common reasons are:

  • Incorrect or insufficient advice – Before any treatment begins, the professional who will be performing the procedure should talk the client thoroughly through the dermal fillers pros and cons, possible risks and side effects as well as the long term effects of dermal fillers, and any other problems that could arise from undergoing the procedure. By fully discussing the procedure and effects, the client can make an informed decision as to whether they wish to proceed. If you are a victim of a botched dermal fillers treatment and you hadn’t been fully informed of possible problems, then you may have a legitimate reason to make a dermal filler injury claim.
  • Mistake during the Procedure – Common mistakes during a dermal fillers procedure include over-correction which is where too much filler is injected, and wrong placement of the injection. These can cause the skin to appear lumpy or bumpy under the skin. If your surgeon made a clinical error whilst performing your procedure leaving you with unwanted side effects, then you may be eligible to make a claim.

I had an allergic reaction to dermal fillers, can I claim?

As part of your treatment, before going ahead with it, the clinical professional performing the procedure should ask relevant and adequate health questions to ensure that you are not at any increased risk of becoming ill in anyway, much like a health risk assessment, after all although minimal, dermal filler treatments are invasive. If you suffered an allergic reaction as a result of improper advice or because the surgeon failed to ask of any allergies you may have, then you may have grounds on which to file a claim as they will have put you at risk by being negligent in their duty of care.

Steps to take following a botched dermal filler treatment

In order to build a strong compensation for dermal filler claims case, it is important to gather as much evidence as possible that will support and strengthen your claim. Try to do as many of the following as you can:

  • Documents and details about your treatment – Gather together any documentation provided to you by the clinic where you had your treatment. Write down anything and everything about having your treatment that you can remember including details about any consultations, the procedure itself and any after care discussions. Try to do this as soon as possible so that you are less likely to forget what might be an important detail.
  • Photos – This is really important. Take photos of the area you received the treatment and the resulting effects. Gather some recent photos of before the treatment also so that a visual comparison can be made. The photos will provide visual proof of your suffering.
  • Medical Report – If you have had a dermal filler gone wrong, it is important to see your GP so that they can assess your injuries and recommend what treatment you may require. They may also be able to give an indication of any long term issues you may be faced with. This will all be documented in your medical report and will provide evidence of your injuries and future prognosis.
  • Expenses – Keep receipts and note down any extra expenses you may have incurred as a direct result of your injury. These may include any medical costs or travel costs etc.

I signed a waiver, can I still claim?

Signing a waiver does not mean that the surgeon performing the procedure is covered regardless of what might go wrong. They still have to uphold their duty of care to the client and perform the treatment in the correct way from the start, which is the initial consultation, during the procedure and after. If the surgeon is negligent in any way, and you become injured, then you can still make a claim even if you signed a waiver.

Am I entitled to compensation if the person who did the dermal filler treatment is unqualified?

Providing you were unaware of the fact, if someone who wasn’t qualified did your dermal filler treatment, then you can make a claim. If however you were aware that they were unqualified but still let them do it, then you would be deemed as partly responsible. Call us at Legal Helpline to discuss this further if you are unsure of where you stand in this matter.

Proceeding with a dermal filler compensation claim

With our assistance, starting a claim for your dermal filler compensation is simple. Just give us a call and we can go from there. You will be offered a free, no obligation consultation where we can discuss the details surrounding your individual case. You will be able to ask any questions that you have, and we can ask you questions also to establish the facts. We can also offer you a free local medical to assess your injuries. If you have a legitimate case, and with your agreement, we can then take over your case for you on a No Win No Fee basis to get you the compensation you deserve.

Dermal Filler Claims – Compensation Payout Examples

Dermal filler claims can vary in worth. This is due to the fact that the injuries sustained can also vary in severity. For instance, lip fillers gone wrong could impact someone differently than if they had face fillers that have gone wrong.

An appropriate amount needs to be calculated so that your injuries are adequately compensated. The amount that addresses your actual injuries is known as a general damages payment. Legal professionals handling your case are responsible for calculating this figure. When doing so, they turn to resources such as the Judicial College Guidelines (JCG) to assist them in this process.

We have included some JCG figures in the table below. As you can see, each injury has a range of figures associated with it that have been based on past court cases. This way, you should get an idea of the potential value of a dermal filler injury. However, speaking with us directly is the best way to get a more accurate valuation. We can take into account your specific circumstances.

These figures have been taken from the latest edition of the JCG (2022).

Psychiatric Damage Generally - SevereThere will be significant problems with various aspects of daily life with a very poor prognosis.£54,830 to £115,730
Psychiatric Damage Generally - Moderately SevereA more optimistic prognosis. However, the person will still suffer with various problems.£19,070 to £54,830
Psychiatric Damage Generally - ModerateThe person will have experienced improvements despite struggling with various problems. There will also be a good prognosis.£5,860 to £19,070
Psychiatric Damage Generally - Less SevereHow much various daily activities were affected will determine how much is awarded.£1,540 to £5,860
Facial Disfigurement - Very Severe ScarringA severe psychological reaction and disfiguring cosmetic effect in younger people in their teen to early 30s.£29,780 to £97,330
Facial Disfigurement - Less Severe ScarringSubstantial facial disfigurement that causes a serious psychological reaction.£17,960 to £48,420
Facial Disfigurement - Significant ScarringCases where the effects may have been reduced by plastic surgery but some cosmetic disability remains and negative psychological effect still present although reduced.£9,110 to £30,090
Facial Disfigurement - Less Significant ScarringThere may be one single scar or a cluster of small scars that can be camouflaged with make-up. £3,950 to £13,740
Facial Disfigurement - Trivial ScarringThe effects are minor.£1,710 to £3,530
Anxiety Disorder - Less SevereAn almost complete recovery will have been made within 1-2 years.£3,950 to £8,180

It’s possible that you could also be eligible for other sums. For instance, you could be reimbursed for costs such as a loss of earnings or medical expenses. These are some examples of special damages. Get in touch for more information.

Dermal filler No Win No Fee claims

At Legal Helpline, we offer a No Win No Fee service. Otherwise known as a Conditional Fee Agreement, it basically means that if we do not win your case for you, then you are not required to pay us anything. If we win, we will simply take a small percentage of your compensation award as payment for our legal fees.

No Win No Fee allows everyone, no matter what their financial situation, a chance to claim the compensation that they are entitled to. There is no financial gamble. If you were to go with an independent pay as you go solicitor who would expect payment of their fees no matter the outcome, then you risk being worse off than what you were to begin with.  But with No Win No Fee, if we lost your case, your finances would not be affected as we won’t ask for payment, and if we won, our payment would come out of the settlement amount.

Why make a dermal filler compensation claim with Legal Helpline?

Legal Helpline have been working in the personal injury claims industry for many years and so have gained many years of experience of filing successful claims, often gaining people the maximum amount possible for their case.

We are an honest, reliable and friendly team that strive to get the best possible outcome for our clients. We care about what they are going through and always treat them with empathy. We understand the distress they may be experiencing and do our upmost to get them through the claiming process as quickly and as stress free as possible, keeping them informed every step of the way.

With Legal Helpline you can be assured that your case will be given 100% attention and will be dealt with efficiently and professionally to get you the compensation you deserve.

Speak with Legal Helpline today

If you have been the victim of a botched dermal fillers treatment, then call Legal Helpline today on 0161 696 9685 and we will do our best to assist you and give you the help and advice you need to make a successful dermal filler compensation claim. We are an experienced personal injury Claims Management Company and we are here to help.

Useful Resources

NHS on dermal fillers

This is the NHS guide on dermal fillers that has a lot of useful information such as what they are and how they work, possible risks and side effects and what you should consider before going ahead.

NHS on wrinkle fillers

An NHS guide on a study conducted to find out the side effects of ‘wrinkle fillers’.

If you’d like to read up a bit more about medical negligence, check out our guides below: