Regardless of whether someone has undergone a cosmetic surgery procedure through the NHS or privately, if they have been injured as a result of cosmetic surgery negligence, then they may be entitled to make a claim for cosmetic surgery compensation.
Having experienced cosmetic surgery solicitors helping you to file your claim can greatly increase your chances of a successful outcome as they have the expertise and up to date knowledge personal injury claim cases. As a Claims Management Company Legal Helpline have experience in dealing with cosmetic surgery injury compensation claims and can help you to get the compensation you deserve.
Jump to a Section
- A guide to claiming compensation for cosmetic surgery negligence
- What does cosmetic surgery negligence mean?
- Are cosmetic surgery negligence cases common?
- What action should I take if I suffer cosmetic surgery negligence?
- What cosmetic procedures are typically seen in negligence compensation claims?
- Common causes of cosmetic surgery claims
- Is there a time limit to making cosmetic surgery claims?
- Can I claim cosmetic surgery negligence compensation on behalf of someone else?
- What can I claim compensation for?
- How much compensation for cosmetic surgery negligence?
- Starting a cosmetic surgery claim
- Can I make a No Win No Fee cosmetic surgery claim?
- Benefits of choosing Legal Helpline
- Begin a cosmetic surgery compensation claim today
- Helpful resource and links
Most people who undergo a cosmetic surgery procedure do so with the hope of changing something they are unhappy about for the better. If a cosmetic procedure is botched, it can be devastating to the victim, not only physically, but psychologically too.
If you have had cosmetic or plastic surgery and it has been botched due to the negligence of the medical team performing the surgery, then you may be able to claim plastic surgery compensation. However, making a claim came be a daunting prospect for someone who is already feeling vulnerable due to their injury and who has never dealt with making a claim before. Therefore, we have put together this guide to give an informed overview of what steps to take if you have suffered plastic surgery problems. The guide contains lots of useful information such as what classes as cosmetic surgery personal injury claims, what you can include in your claim, how to start a claim, what compensation amount might you receive, and much more.
With any cosmetic or plastic surgery, there is always a risk of something going wrong that may be deemed as a negative outcome in the end. Even though cosmetic surgeons train for years and possess many qualifications in cosmetic surgery, things can and do still go wrong. However, if you have had surgery that has been botched due to negligence, and this can be proven, then you can make a claim for cosmetic surgery accident compensation.
Extreme care should be taken when choosing a plastic surgeon if you want to go privately as some private practices aren’t always as strictly regulated as those within the NHS. There are a numerous problems that may arise when undergoing cosmetic surgery, whether you go privately or with the NHS, with many of these problems depending on the type of surgery being performed. Also, the initial injury is very often followed by other ongoing issues. This is why being able to make a compensation claim is possible. Making a cosmetic surgery compensation claim allows you to recover any extra costs you may have incurred such as medical costs, lost wages and travel expenses and so on, and it also allows you to claim for damages such as the level of pain you have endured and for any future permanent issues you may have been left with depending on the severity of the injury. We will discuss more about what can be included in your claim further on in the guide.
Whether it’s making a claim against the NHS, or making a claim against a private surgery, if you have suffered due to someone else’s error and negligence, then you can claim for cosmetic surgery compensation.
Within recent years the number of medical related claims from negligence has risen consistently. Although there isn’t any specific statistics to show the number of cases that involve some form of plastic surgery, the fact that there is also a consistent growing trend in the amount of cosmetic procedures carried out each year, would suggest that cosmetic surgery negligence cases are becoming increasingly common.
There are a number of reasons that could be the cause of a rise in plastic surgery negligence claims such as it is often an elective procedure rather than a necessity, there are less regulations within the industry, the level of expertise in the field varies a great deal and so on. All will contribute in some way to the increasing toll of compensation claims for cosmetic procedures gone wrong.
If you are a victim of cosmetic surgery negligence, there are a number of steps you should take before starting your claim. Obviously, before doing anything you should seek appropriate medical treatment for any immediate health concerns that are resultant of the cosmetic surgery negligence. Then, try to do the following if possible:
- Take photos of yourself showing the outcome of the negligent surgery, these are visual evidence of your pain and suffering and the negligence you have treated with. Also gather some photos of yourself before any surgery to show the full extent of damage the surgery alone has caused.
- Consult with another Doctor to get a professional view and opinion regarding the severity of your botched surgery. Discuss any long term issues that you might be left with. Legal Helpline can arrange a free local medical with a GP as part of their service to you.
- Notes – Keep a note (like a diary) of the pain and suffering you are experiencing, write down how you feel both physically and emotionally.
- Finances – Keep a record of how you have been affected financially such as lost wages, unexpected medical costs etc.
- Contact a reputable personal injury claims firm such as Legal Helpline to get expert help and advice.
There are 4 different categories of medical claims related to negligence. With regards to cosmetic or plastic surgery, it’s common to use the following broader terms of the categories, which are:
- Contributory Negligence – This means that the victim is found to be at fault for their own injuries and so compensation will not be granted.
- Comparative Negligence – This is where both parties, the victim and the cosmetic surgeon or practice, hold some degree of responsibility for the victim’s injuries, therefore some compensation award may be given.
- Vicarious Liability – This is when the practice or organisation where the procedure was carried out is found liable and so expected to pay damages.
- Gross Negligence – In cases where gross negligence is founded, the responsibility lies with the surgeon who performed the surgery. Surgeons have a duty of care to ensure the health and safety of patients to the best of their ability. If they fail to do this, and their patient suffer as a result, then they can be found guilty of gross negligence. In cases where gross negligence is determined, the cosmetic surgeon who is responsible, will in most circumstances, have their license taken away.
There are a number of different reasons as to why someone will want to make a cosmetic surgery claim. Some of the most common reasons are:
- Complications that occur during the surgical procedure – If you’ve suffered an unexpected injury during the procedure, you may be entitled to make a claim.
- Mistakes with the anaesthetic – Suffering due to a mistake with the correct type, dosage or administration of anaesthetic will give cause for claiming compensation if it causes injury or possible death.
- Misdiagnosis – Complications during surgery could arise if an aspect of the patient’s health isn’t properly checked and diagnosed.
- Surgery Errors – Any cosmetic surgical errors that occur causing health concerns.
- Negligence to Well-Being – Patient injured or caused to suffer due to lack of, or insufficient care before, during and after the procedure.
- Insufficient Information Given – If a patient’s suffered due to an inadequate amount of information about the surgery being given to them , particularly if possible side effects or potential problems are not discussed in full with the surgeon.
These are just a few examples as to why someone may be in need of making a compensation claim. If you have suffered due to cosmetic surgery negligence, contact Legal Helpline for free help and advice.
There are a few regulations that surround compensation claims in general. When making a compensation claim, it must be started within three years since the accident causing injury took place or from when the injuries and health issues were initially diagnosed. After three years have passed, you would not be able to make a claim. However, there is an exception to this rule, such as, if the claimant was under 18 when the accident occurred, they will have three years from their 18th birthday, effectively ending the chance to make a claim being when they turn 21. These exceptions are rare however with cosmetic surgery claims as very few under 18’s undergo cosmetic procedures.
So how long do cosmetic surgery claims take? Well, in most cases, the time frame for these types of claims is around 8 months, but of course each case is different and so could potentially take longer depending on the individual circumstances surrounding it.
In short, yes you can. If a family member, civil partner, or spouse has suffered injury due to cosmetic surgery negligence, and they are unable to make a claim themselves, then you can make a claim for compensation on their behalf. This is true also if you are claiming for someone who has died due to medical negligence. You’ll need to provide evidence of your relationship to the victim to prove your eligibility for making a claim on their behalf. In cases such as these, contacting a personal injury claims solicitor or claims management company, can be extremely beneficial.
There are a number of damages and expenses that should be included in your claim, these are:
- General Damages – these cover the physical and mental aspects of your claim and represent the pain and suffering you have endured.
- Loss of Earnings – Any wages that you have lost and any potential future wages that you may lose should be added into your claim.
- Medical Expenses – Any extra costs as a direct result of your injury for medical reasons should be included.
- Travel Expenses – Any travel costs incurred as a direct result of your injury should be taken into account, this can include vehicle adaptions that you might need.
- Car Claim – If you have needed help around the home from perhaps a relative or friend, then they can make a claim also.
By contacting a legal claims firm such as Legal Helpline, you can be assured that every aspect of compensation that you are entitled to will be included to ensure a maximum possible payout.
The amount of compensation you are awarded will greatly depend on the type of injury you have sustained and it’s severity. In the table below we have listed a number of different potential injuries or health problems that commonly arise from negligent cosmetic surgery with an indication of the amount of compensation that could possibly be awarded for each.
Reason for Compensation Average Awarded Amount Comments
Very Severe Facial Scarring £26,120 - £85,340 In cases where the claimants are relatively young (younger than 30) and the scarring is severe causing severe psychological effects.
Less Severe Facial Scarring £15,750 - £42,460 Disfigurement is substantial causing a substantial degree of negative psychological reaction.
Significant Facial Scarring £7,990 26,380 Some effects may have been reduced by plastic surgery but cosmetic disability may still remain and significant psychological trauma.
Less Significant Facial Scarring £3,460 - £12,050 Minimum of one scar that may be able to be covered with specialised make-up.
Trivial Facial Scarring £1,500 - £3,090 Very minor scarring with minimal psychological effect.
Noticeable Scarring to other Body Parts £6,870 - £19,930 A number of laceration scars that are noticeable or a single significant large scar causing some degree of psychological distress.
Less Noticeable Scarring to other Body Parts £2,080 - £7,580 Maybe a single scar or several superficial scars. Degree of cosmetic deficit will determine compensation amount.
Severe Psychological Damage £484,080 - £101,470 Significant negative effect on ability to cope with life, relations with family and friends, future vulnerability.
Moderately Severe Psychological Damage £16,720 - £48,080 Distress will effect ability to return to work, low confidence and self-esteem.
Moderate Psychological Damage £5,130 - £16,720 There will have been noticeable improvement in mood and prognosis good.
Less Severe Psychological Damage £1,350 - £5,130 The level of award will depend on the length of time the claimant has suffered and how long it took for improvements to become apparent.
Please note that these are estimated amounts based on the current judicial claims guidelines. Your final settlement award will depend on your own individual case and it’s circumstances.
Starting a cosmetic surgery compensation claim can be a complex process and we would strongly recommend consulting with an experienced professional in the personal injury claims industry.
At Legal Helpline, we offer a free consultancy session where you can discuss the details of your potential claim and show us any evidence you have so that we can make an informed decision as to whether you have a legitimate claim. If you have, then we can advise you on the next steps to take. During this consultation, you can also ask as many questions as you need in regarding to making a claim and we will do our best to answer them accurately and honestly.
If you’d like us to, we can take over your claim for you, building a stronger defence by collecting additional evidence and getting it to court. We have years of experience in this field and will deal with all of the legalities of filing a claim.
As part of our service, we also offer a free local medical if we feel it could be beneficial to your case.
We understand that a cosmetic surgery procedure in itself can be very expensive, but to then go on to suffer health problems as a result and possibly need further treatment, coupled with time taken off of work, it can make covering the expenses difficult and of course, make it really hard to then afford a solicitor to make a claim for compensation.
Therefore, we offer a service where you can make a no win no fee cosmetic surgery claim. It is called a Conditional Fee Agreement which enables people who believe they have been the victim of cosmetic surgery negligence to make a claim for compensation without the worry of upfront costs, unrelenting fees and money worries that hiring a legal team could bring. Simply put, if we do not win your case for you, you do not pay a penny, and so haven’t gambled your finances, if we win however, we take a small percentage of your final settlement amount. Either way, there will be no negative impact on your finances if you choose Legal Helpline as your claims firm.
We offer a fantastic service to our clients with a number of different benefits. As already mentioned, we offer a free consultancy session where you can freely discuss the details of your potential claim before making any decisions, we provide a no win no fee service to give all of our clients an equal footing and access to the best cosmetic surgery lawyers in the industry, and we can make arrangements for you to have a free medical to assess your condition.
Our panel of solicitors have specialised in the personal injury claims industry for along time and have heaps of experience and expertise in cosmetic surgery compensation claims. We are a legal frim that genuinely cares about our clients and do our best to get the best possible outcome for them, working hard to often gain the maximum settlement amount possible. We have a high success rate and pride ourselves in our professionalism.
Starting your claim needn’t be as daunting as you’d expect, just call us at Legal Helpline on 0161 696 9685 and we will endeavour to help you to get the compensation you deserve.
There is lots of information in this NHS guide to cosmetic procedures and different treatments.
NHS guide to having cosmetic surgery abroad and what you should be aware of.