The most common procedures that give rise to medical negligence claims are:
- Breast augmentation
- Breast reduction
- Face Lift
- Blepharoplasty (eye surgery)
- Rhinoplasty (nose surgery)
- Abdominoplasty (tummy tuck surgery)
- Skin resurfacing (including laser surgery and chemical peels)
Plastic surgeons and relevant health care workers have a legal obligation when rendering care to a patient to possess the education, training and competence necessary to practice plastic surgery. When cosmetic surgery goes wrong, this can involve emotional distress, permanent disfigurement or scarring, necessitating in some instances, further cosmetic procedures to rectify that wrong and additional financial costs.
It does not automatically mean that you have a claim for medical negligence when there is poor cosmetic outcome, however certain legal obligations do apply:
Your surgeon owed you a duty of care.
Did the consultant treating you reach the standard of a reasonably competent cosmetic surgeon in his / her field?
Did the surgeon carrying out the procedure do so in a way that no responsible body of cosmetic surgeons would have done?
If you can establish that there was a failure to carry out a certain level of skill, care, and treatment that a reasonable plastic surgeon would have provided under similar circumstances, then you can establish negligence. It must then be established that this negligence caused you harm or injury.
Plastic Surgery Complications That Can Result in Medical Negligence Claims:
- Prolonged sedation leading to injury/ complications
- Disfigurement / Disability / Death
- Under or over-correction / Scarring
- Anesthesia errors / Medication reactions or interactions
- Numbness / nerve damage
- Disappointment/dissatisfaction / Asymmetry
- Breast augmentation / Wrong size implants / Loss of nipple or skin cover
- Face Lift excessive skin removal / Dry eyes/ Inability to close eyes
- Blistering / burning (chemical peels)
- Lidocaine overdose / Pulmonary edema or pulmonary embolism (liposuction)
- Complications which lead to further corrective procedures
- Informed Consent
Before you undergo any plastic surgery you must be informed of any possible risks. In the event that cosmetic surgery has been procured on the basis of incomplete or inadequate information, clinics and practitioners may face legal actions for assault, as well as claims for damages, for negligence and breach of contract.
WHAT YOU NEED TO CONSIDER IN TAKING A MEDICAL NEGLIGENCE CLAIM
Our medical negligence expert solicitors work with our team of specialist medical consultants whose disciplines include both anaesthesia and plastic surgery.
If you feel that you have suffered medical negligence we will assist you in obtaining answers to the question – what went wrong. We will obtain your entire medical records. If we are satisfied that negligence occurred we will guide you through the process of filing suit with a view to obtaining justice and financial compensation.
In the rare event that death has occurred due to negligence, further compensation will be sought for all dependents of the deceased.
During the legal process we engage Senior Counsel who have extensive and vast experience in dealing with medical negligence cases and in particular cosmetic surgery litigation. We secure the attendance in court of all our expert witnesses and to give evidence in the case should the claim not be settled in advance.
In the event that your procedure was carried out in a foreign jurisdiction we will file the legal suit on your behalf in the appropriate jurisdiction where the procedure occurred.