Liposuction Negligence Claims Guide

By Cat Wayne. Last Updated 5th April 2023. You might already know that if a medical professional causes you to suffer due to negligent treatment, you could seek compensation from them. Did you know though that you could also claim if you suffer during cosmetic surgery?

This guide explains what you can do if liposuction has gone wrong and explains the problems caused by blotched liposuction, when you could claim and what you could include in a negligent liposuction claim.

Liposuction gone wrong

Liposuction gone wrong

If you would like to discuss a claim for a negligent liposuction procedure, please call 0800 652 3087 today. Our specialist advisers can answer any questions you may have and assess your claim free of charge. If they believe you have a valid claim, they could introduce you to one of our panel of medical negligence solicitors who work on a No Win No Fee basis.

To find out more about liposuction clinical negligence before calling our team, please carry on reading.

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Liposuction Malpractice – How Do I Claim For Injuries?

Liposuction is a cosmetic procedure where unwanted fat is removed from the body. If your liposuction has gone wrong, you could make a medical negligence claim. However, you will need to prove that you suffered unnecessary harm due to a medical professional breaching their duty of care.

All medical professionals in the private and public healthcare sectors have a duty of care. As part of their duty of care, they must ensure that you receive the correct standard of care. This duty of care also applies to medical professionals who perform liposuction. Failure to uphold this duty of care could result in you becoming unnecessarily harmed. For example, if the medical practitioner performing your liposuction fails to clean and sanitise the equipment before use, this could result in you suffering an infection.

In this guide, we will provide further examples of how you could be harmed due to liposuction malpractice. We will also provide some of the potential compensation payouts you could receive following a successful claim.

Contact our advisors today to discuss your potential medical negligence claim. If our advisors believe that you may be eligible for compensation, they could connect you with our panel of experienced solicitors.

What Is Liposuction Surgery And Is It Safe?

Liposuction is a procedure where unwanted body fat is removed from an area of the body. It’s usually a cosmetic procedure used to alter a person’s body shape. The areas of the body where liposuction is usually performed are the tummy, thighs, buttocks and hips.

The procedure involves sucking out the unwanted fat which is hard to get rid of by exercising or eating healthily alone. Usually, the best results are seen when the patient is of average weight, and where the skin surrounding the area in question is tight.

If the patient maintains a normal and healthy weight following the procedure, the results can be long-lasting.

Other names liposuction is referred to include body contouring, lipo and lipoplasty. As with any surgical procedure, whether medical or cosmetic, there are risks associated with liposuction. We’ll cover these during another section of this guide, but one reason you may decide to sue for liposuction clinical negligence is because the risks weren’t explained to you fully prior to your treatment.

Because of the risks involved with liposuction, if you’re considering the procedure you should ensure you choose a qualified surgeon. There’s a link to BAAPS at the end of this guide. They’re the association of cosmetic surgeons in the UK and they have a register of members on their website.

Fat Removal Techniques

As we mentioned in the previous section, liposuction involves sucking fat from different parts of the body through a tube. A small incision is made and a cannula is inserted. Medicated fluids are usually pumped in first and then the fat sucked out by vacuum. The wounds are then sewn up and should normally heal quickly.

There are number of different types of liposuction including:

  • Tumescent liposuction. This involves a solution being injected into the area where fat is going to be removed. The solution is a mix of local anaesthetic, a salt solution and epinephrine which helps reduce blood loss. The salt solution helps suck out the fat
  • Ultrasound liposuction. Using ultrasound means the fat is turned into liquid prior to vacuuming. It can be performed using an external device or internally using a hot cannula
  • Laser liposuction. Again, the fat is liquified but this time by lasers. It may be vacuumed out, or could be collected by a medical drain. This type of liposuction uses a smaller cannula than the others. As such, it is often used to remove fat from more confined areas such as the face or chin

What Are The Risks Of Liposuction Surgery?

Here are some of the potential risks involved with liposuction:

  • Scarring. Usually, scars fade in about a year to 18-months. In cases where the scar becomes painful, additional procedures may be required
  • Seroma. If fluid builds up under the scar, you may need an operation to remove it or it may be removed using needles
  • Bleeding and Bruising. This will usually be short lived but some medication might need to be avoided to prevent further bleeding
  • Infections. This is actually quite rare following liposuction. Infections are usually controlled with antibiotics if they occur
  • Friction Burns. Sometimes, the rubbing of the canular used to dislodge fat can lead to friction burns
  • Uneven Removal. If fat is being removed from a large area, it may not be evenly removed meaning the body shape isn’t symmetrical. Fat can be injected to try and balance things out
  • Allergic Reaction. These are rare as your surgeon should check for a history of allergies prior to treatment
  • Body Organ Damage. It’s quite rare but muscles, nerves, body organs or blood vessels can sometimes be damaged during liposuction

There are other risks involved with liposuction too. It’s worth pointing out that if the liposuction was carried out correctly and the risks were explained prior to treatment, then you probably wouldn’t be able to claim if you suffer from any of the side effects following your treatment.

However, if you weren’t told about the risks or you were injured because of substandard treatment you could be eligible to claim. If your liposuction has gone wrong and you’d like to discuss a claim because you believe you suffered due to negligence, please get in touch.

What Are The Expected Liposuction Side Effects?

While there are some unwanted side effects following liposuction treatment, some can’t be avoided and are to be expected. These include:

  • Numbness of the treated area for up to 8 weeks
  • Scarring for up to 18 months
  • Swelling and bruising for up to 6 months. You will need to wear compression bandages or corset for a number of weeks following treatment to help reduce the swelling
  • Fluid leakage from incisions
  • And, if the ankles or legs are treated, swelling in ankles

Liposuction Recovery Time

Recovery from liposuction can take up to 6 weeks depending on the type, the size of the area treated, and the part of the body treated. For the first 24 hours, somebody should stay with you if you were given a general anaesthetic. After 7 days, any stitches will be removed, and if everything has gone well, you should be able to start doing strenuous activities after about 4 to 6 weeks.

If your recovery takes significantly longer than this, it might be sign that your liposuction has gone wrong. If that’s because your treatment or recovery treatment was negligent, you may be entitled to seek damages for your pain and suffering.

Infections Caused By Liposuction Negligence

If you suffer from an infection following liposuction treatment, you may be entitled to seek compensation. This will depend on whether any part of your treatment, including post-operative care, could be deemed negligent and to have caused the infection.

You should visit a doctor if you suspect a wound is infected, whether at the hospital where you were treated, or your local GP, the choice is yours to make. Either way, the medical records could be used as evidence to support your claim.

Infections caused by negligence can be tricky to prove so you should speak with one of our specialist advisers. They’ll assess what happened and help you decide whether you could claim for medical negligence that led to a liposuction infection or not.

Scars Caused By Liposuction Negligence

There are two types of scarring which can occur following liposuction. Scarring of tissue beneath the skin caused by the tube used to perform the procedure and scarring of the wound caused by the incision.

Scarring would normally vanish in anything between 12 and 18 months. If the wound hasn’t been cared for correctly, or the procedure was performed in a negligent way, the scarring could be permanent and/or painful.

You need to provide evidence by taking photographs of your wound at regular intervals to demonstrate how the scarring has developed over time.

If you have scarring which you believe is linked to negligent care during a liposuction treatment, get in touch today to discuss your options.

Evidence Needed To Make A Botched Liposuction Compensation Claim

If you suffered because your liposuction treatment has gone wrong, the first priority is to seek remedial treatment. You should visit your GP, or a hospital if your case is an emergency.

This will ensure that any problems are resolved as much as possible, and it will also mean your medical records would show what problems occurred. These records can be used as evidence to support your claim. It’s worth stressing that a medical report is a vital piece of evidence when filing a negligence claim. If you’re suffering in any way following a liposuction procedure, make sure you are medically assessed and treated.

As well as medical records, other evidence you should collect to assist your claim include:

  • Photographs of the area affected from before and after the operation
  • Witness statements and their contact details
  • Information about similar cases that the surgeon has been involved in which have resulted in complications
  • A log of what happened. You should do this as soon as possible while it’s still fresh in your mind. A timeline of what happened before and after surgery can really help your medical negligence solicitor piece things together and to understand where things went wrong

If you’re unable to gather evidence yourself because of your injuries, you can ask a friend or relative to do this for you. Evidence is essential in any medical negligence case, so the more you can provide, the better.

Botched Or Bad Liposuction – What Should I Do Afterwards?

After suffering from botched or bad liposuction, it’s important to collect evidence, such as the examples listed in the section above. Without sufficient evidence, you may be less likely to receive compensation.

Upon gathering evidence of liposuction gone wrong, you might consider getting in touch with our advisors. They can provide a full eligibility check and potentially a compensation estimate.

Once your free consultation is over, you may be connected to an expert medical compensation solicitor from our panel. If you are eligible, they could help you on a No Win No Fee basis following a liposuction failure. Get in touch for more information.

Liposuction Gone Wrong – How Long Do I Have To Claim?

The answer to this question can be found in the Limitation Act 1980. Generally, you have 3 years from the date you were injured in which to begin your claim.

However, there can be certain circumstances where you may still be able to claim for a liposuction gone wrong even if the 3 years have passed. For example, the injured party may suffer from a reduced mental capacity. If so, then they would not be permitted to pursue a claim themselves. However, a litigation friend could be appointed to do so on the claimant’s behalf.

In addition, the time limit is also suspended. It would only begin from the date the claimant is deemed capable of making a claim for themselves. If this recovery does not occur, then the time limit would remain suspended indefinitely.

If you’ve been subjected to a botched or bad liposuction, you could be owed compensation. Get in touch with our advisors to find out if you could still be eligible to make a claim. This could be for botched chin liposuction, as well as other areas of the body.

Liposuction Gone Wrong – What Damages Could I Claim?

If your procedure for liposuction had gone wrong and caused you an injury, your injury and its effects would be assessed against two types of damages:

General damages: This will look at the pain and suffering caused by your injury. Loss of amenity could also be considered when legal professionals calculate this amount.

The table below gives you an idea of what your general damages compensation could look like. The figures are taken from the Judicial College Guidelines (JCG), which was last updated in 2022. Legal professionals use this publication to help value claims.

InjuriesNotesCompensation Amounts
Kidney (a)Both kidneys are either permanently damaged or lost.£169,400 to £210,400
Kidney (b)There is significant risk of a future urinary tract infection or complete loss of the kidney's natural function.Up to £63,980
Bowels (a)A complete loss of urinary and bowel function with other medical problems.Up to
£184,200
Bowels (b)Depending on the person's age, they may depend on a colostomy due to the total loss of the bowel's natural function.Up to
£150,110
Bowels (c)Passive incontinence and faecal urgency persists after surgery.In the region
of £79,920
Digestive System (a)(i)Severe damage to the digestive system with continuing pain and discomfort.£43,010 to £61,910
Scarring to Other Parts of the Body A singular disfiguring scar to the arms/legs/hands/back/chest.£7,830 to £22,730
Scarring to Other Parts of the BodyA singular noticeable scar to the legs/arms/hands with a minor cosmetic deficit.£2,370 to £7,830
Moderate Psychiatric Damage GenerallyThe person will have suffered with significant issues but marked improvements will have been made.£5,860 to £19,070
Spleen (b)Minimal risk of the immune system being damaged or of internal infections.£4,350 to £8,640

Special Damages For Liposuction Gone Wrong

The second head of your claim is known as special damages. This covers the financial impacts of the liposuction gone wrong. For example, you may need corrective surgeries following the initial procedure. If you can prove that these are necessary due to the negligence you suffered, the costs of these surgeries could be covered under special damages.

Similarly, special damages in medical negligence claims can also include:

  • Travel expenses, such as travel to and from hospital appointments or to and from work
  • Medical bills
  • The cost of prescriptions
  • Cosmetic aids
  • Domestic or home help, such as staff to help cook or clean

For more information on what you could potentially receive if your claim for liposuction gone wrong succeeds, contact our team today.

Liposuction Malpractice – No Win No Fee Claims

If your liposuction has gone bad due to negligence, you might be eligible to claim compensation. If so, you could hire a No Win No Fee solicitor for your liposuction gone wrong claim. A No Win No Fee solicitor for liposuction malpractice may offer you a funding arrangement known as a Conditional Fee Agreement (CFA).

When claiming for liposuction malpractice with a solicitor using a CFA, you will generally not be requited to pay an upfront solicitor’s fee. If your liposuction gone wrong claim is successful, you will usually have a legally capped fee taken from the award. This is called a success fee. However, when a liposuction malpractice claim fails, you will normally not be required to pay your solicitor.

Call us today to find out if a solicitor from our panel could help you claim for liposuction negligence on a No Win No Fee basis.

How Could Medical Negligence Assist Help You?

If you’re considering using Medical Negligence Assist to help you claim for liposuction compensation, here’s how we could help you. Firstly, we offer a free initial consultation. This is where you can ask as many questions as you want, and we’ll provide free legal advice. If, after assessing your claim for liposuction medical negligence, we feel you have a strong case, we could connect you with a personal injury lawyer to help make your claim.

The solicitor will strive to make sure you receive the right level of compensation for your injuries. They’ll do this on a No Win No Fee basis for claims they take on.

To contact us today regarding your claim, you can:

We won’t pressure you into making a claim and the initial assessment is completely free, so you have nothing to lose by calling.

Surgery Negligence Reference Materials

Thanks for reading this guide about claiming compensation when liposuction has gone wrong. Hopefully you now have all of the information you require. If you need anything else, please call one of our specialist advisors.

For further information, please take a look at the guides and information below:

The British Association of Aesthetic Plastic Surgeons – A good place to find surgeons who are members of the BAAPS scheme.

NHS Cosmetic Procedures – This guide from the NHS explains about how different cosmetic procedures are performed.

Liposuction Guide – Information on how liposuction is carried out and when it can be performed, for medical reasons, on the NHS.

Below, you can find links to all of our medical negligence claims guides:

Article by BH

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