According to The British Association of Aesthetic Plastic Surgeons (BAAPS), around 25,000 cosmetic surgeries were performed in the UK in 2023. Cosmetic surgeries performed both in the UK and abroad are a popular choice for those who want to change something about their appearance. However, for those who suffer unnecessary harm due to the negligent actions of the cosmetic surgeon performing the procedure, cosmetic surgery claims could be made.
Key Takeaways In Cosmetic Surgery Claims
- Cosmetic surgeons can be responsible for medical negligence
- If you can prove that medical negligence happened, you could claim compensation
- Compensation can be awarded for both pain and suffering as well as associated financial losses
- You could potentially claim for a surgery that went wrong while abroad
- The time limit for starting a claim is generally three years
- One of our expert No Win No Fee solicitors could help you claim
Read on to learn more about cosmetic surgery claims. Or, contact us today to get started by:
- Contacting us online
- Using the live chat feature
- Calling us on 0800 073 8804
Jump To A Section
- Does Medical Negligence Apply To Cosmetic Surgeries?
- Can I Claim If My Surgery Went Wrong While Abroad?
- How Can Cosmetic Surgery Go Wrong?
- Time Limits In Cosmetic Surgery Claims
- How To Prove A Medical Negligence Claim
- Compensation In Cosmetic Surgery Claims
- No Win No Fee Medical Negligence Compensation Claims
- More Information
Does Medical Negligence Apply To Cosmetic Surgeries?
Yes, medical negligence can still happen when you get cosmetic or elective surgeries. A common misconception around cosmetic surgery claims is that just because it’s an elective surgery, you aren’t owed the same duty of care as you are for lifesaving care.
But in reality, all medical professionals owe a duty of care to their patients, no matter the circumstances of their treatment. This means that cosmetic surgeons need to make sure the care they provide meets a minimum standard.
If your surgeon breaches this duty of care, and you suffer unnecessary harm as a result of substandard care, this is called medical negligence.
If you can prove medical negligence occurred, you could be eligible to make a claim for compensation.
Can I Claim Against A Private Hospital?
It doesn’t matter whether your surgery was performed in a private hospital or under NHS care; if you can prove that medical negligence occurred, then you could claim compensation. Medical professionals under the NHS and within the private sector are all bound by a duty of care.
Keep reading to learn more about cosmetic surgery claims. Or, if you’d like to talk to one of our expert advisors, get in touch today.
Can I Claim If My Surgery Went Wrong While Abroad?
More and more people are turning to cosmetic tourism in order to get easier access to plastic surgery. This is often because surgeries abroad seem cheaper, or come with lower waiting times.
Regardless of where in the world you receive treatment, medical professionals owe a duty to care for their patients.
If you’ve been harmed by plastic surgery while abroad, get in touch with our team today to learn about your option
How Can Cosmetic Surgery Go Wrong?
There are many ways that medical negligence can occur during cosmetic surgery, including:
- Lack of hygiene: Surgeons are required to follow hygiene protocols to prevent hospital infections from spreading. If your surgeon doesn’t follow these procedures, this could lead to an infection in your surgery site.
- Poor skills: A cosmetic surgeon should never take on a surgery that they do not have the skills to perform. If your surgeon knowingly performed a surgery that was beyond their capabilities, and this caused it to go wrong, you could potentially make a claim.
- Foreign objects: Sometimes, surgical items like pads, gauze, and even scalpel blades can be left inside a patient after surgery. This can cause a range of complications, from infections like sepsis to internal bleeding.
If you don’t see your case reflected in these examples, don’t worry; these are just a few of the ways that medical negligence could happen. Contact our team of advisors today for more information.
Time Limits In Cosmetic Surgery Claims
There is a time limit to consider when making a medical negligence claim. This is set out by the Limitation Act 1980, which states that you have three years to start the claims process.
It’s important to remember that you don’t need to finish your claim in this time; you just need to start it.
In some cases, you may be able to claim while outside of this time limit. For example, you may have had breast augmentation surgery ten years ago and did not find out that your chronic pain was caused by sponges left in your breast until recently. In this case, you would have three years from the date that your symptoms were connected with medical negligence.
Contact our team today to learn more about the time limit for cosmetic surgery claims.
How To Prove A Medical Negligence Claim
When you make any kind of compensation claim, you need to be able to prove that negligence occurred. Some examples of evidence that you could use to prove cosmetic surgery claims include:
- Photographs of any visible harm, like scarring
- Medical records that show the actions your surgeon took or the complications you suffered
- The details of witnesses so their statements can be taken later
- Financial records that show any financial losses you experienced as a result of the harm you suffered
A benefit of working with a solicitor on your plastic surgery claim is that they can help you prove your claim with different kinds of evidence. To find out how one of our expert medical negligence solicitors could help you prove your claim, contact us today.
Compensation In Cosmetic Surgery Claims
So, how much compensation could you get for a cosmetic surgery claim? In medical negligence claims, there are two different heads of loss that you could pursue to form your final payout.
The first is general damages, which covers the pain and suffering you’ve been through, as well as loss of amenity. Loss of amenity means loss of enjoyment and covers the ways your quality of life has been affected.
The Judicial College Guidelines (JCG) can be helpful when general damages are calculated. This is because the JCG lists injuries, like scarring, alongside guideline compensation brackets.
Below, you can take a look at some of these guideline brackets. Please note that these are only guidelines, not guarantees, and the first entry has not been taken from the JCG.
| Injuries | Compensation Brackets |
|---|---|
| Multiple kinds of harm and monetary losses, like the cost of corrective surgery or lost earnings | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Total Blindness | In the region of £327,940 |
| Severe PTSD | £73,050 to £122,850 |
| Very Severe Facial Scarring | £36,340 to £118,790 |
| Less Severe Facial Scarring | £21,920 to £59,090 |
| Bowels (d) | £54,420 to £85,100 |
| Chest Injuries (c) | £38,210 to £66,920 |
| Noticeable Laceration Scars or a Singular Disfiguring Scar to the Body | £9,560 to £27,740 |
| Digestive System - Damage Resulting From Traumatic Injury (c) | £8,060 to £15,370 |
Special Damages
Special damages, the second head of claim, covers the financial losses you experience as a result of the cosmetic surgery negligence. For example, this heading could help you cover the cost of:
- Lost earnings
- Childcare
- Future medical treatments
- Corrective surgeries
- Cosmetic aids
- Mobility aids
- Home adjustments
- Professional care
Learn more about making a cosmetic surgery negligence compensation claim by contacting our team. Or, read on to find out how our solicitors could help you.
No Win No Fee Medical Negligence Compensation Claims
The cosmetic surgery claims process can seem complicated, and you might not know where to start. This is why we recommend working with a legal expert on your claim.
An expert solicitor could help you in a number of ways, including:
- Decoding legal jargon
- Ensuring your claim is filed on time
- Communicating with the other party
- Negotiating the settlement you deserve
- Going to court, if this is necessary
Plus, our solicitors can provide all of these services without asking you for an upfront or ongoing payment. This is because they work on a No Win No Fee by offering their clients a Conditional Fee Agreement (CFA).
Under this type of contract, you only need to pay a success fee to your solicitor if you make a successful claim. This is taken directly from your compensation as a percentage and is capped by law, allowing you to keep the majority share of what you receive.
Get In Touch With Our Team
If you’re ready to connect with one of our expert medical negligence solicitors, contact a member of our team today by:
- Contacting us online
- Using the live chat feature
- Calling us on 0800 073 8804
More Information
To learn more about making a medical negligence claim:
- Learn how to claim for a penicillin error
- Get help with making a claim for delayed broken arm surgery
- Find out how to claim for birth injuries as a mother
Or, for further resources:
- Make a complaint to the Care Quality Commission (CQC)
- Learn about cosmetic procedures from the NHS
- NHS information on getting cosmetic surgery abroad
Thank you for reading our guide to cosmetic surgery claims.
