Within this guide, we outline who might be eligible to make plastic surgery negligence claims after experiencing injury or harm that could have otherwise been avoided. Whenever a medical professional agrees to treat you, they instantly owe you a duty of care to provide a service that meets the expectation of reasonable skill and care.
We explore examples of plastic surgery negligence, how to prove that a medical professional breached their duty of care and how to prove the extent of your injury.
Furthermore, within this plastic surgery negligence claim guide, you will find a compensation table that includes guideline bracket figures that have been taken from a publication used by legal professionals when valuing avoidable harm. To finish this guide, we take a look at how one of our medical negligence solicitors could offer to represent your case under a type of No Win No Fee agreement and the benefits this can bring you.
Plastic Surgery Negligence Claims Guide
Plastic surgery procedures are vast, from breast augmentation to liposuction, to a facelift. Have you suffered harm that was avoidable during your plastic surgery? Did the medical professional who was meant to be taking care of you act negligently?
Please continue reading this guide for more insight on what you could do next. Moreover, by contacting us today, you can explain the circumstances of your case, and we can give you a more personalised insight into what your next steps could be. We are available by:
- Phone 0800 652 3087.
- Claim online by filling in your details.
- Chat with an online claims advisor using the live chat feature in the corner.
Browse Our Guide
- When Could You Make Plastic Surgery Negligence Claims?
- What Is Plastic Surgery Negligence?
- How To Prove Plastic Surgery Negligence Claims
- What Could My Claim For Plastic Surgery Negligence Be Worth?
- Making Plastic Surgery Negligence Claims
- Where Can I Find Out More?
When Could You Make Plastic Surgery Negligence Claims?
Whether you had your plastic surgery through the National Health Service (NHS) or privately, the duty of care owed to you is still the same. The duty of care in a medical setting is that the medical professional must provide the correct standard of care to their patients to avoid unnecessary harm.
The beginning of the plastic surgery negligence claims process requires the following eligibility criteria to be proven:
- You were owed a duty of care by the surgeon, surgical team, hospital trust, healthcare provider, etc., in charge of your plastic surgery.
- This duty of care was breached
- As a result of this breach, you suffered an avoidable injury.
To see if you can claim compensation against the NHS or against a private healthcare service, don’t hesitate to have a chat with us.
How Long After Negligent Plastic Surgery Could You Claim?
The general time limit for negligence claims, if you have suffered an avoidable injury, is 3 years from the date you were injured.
However, there are a few exceptions to this time limit where the limitation period is put on hold. To learn more about these time limit exceptions found in the Limitation Act 1980 and to learn more about the plastic surgery negligence claims eligibility criteria, please get in touch with us. We can answer any of your queries.
What Is Plastic Surgery Negligence?
There could be different acts of plastic surgery negligence that could occur and thus lead to an eligible claim.
Here are some examples of plastic surgery negligence:
- Antithesis issues – You were not given enough anaesthetic, which meant you were awake during a surgical procedure.
- Surgeon negligence – The surgeon cut through a set of nerves, and this nerve injury led to paralysis.
- Inadequate post-op care – meant you suffered severe infections as your dressings were not changed when they needed to be.
- Breast implants – defective breast implants which leaked and caused damage to the surrounding tissue.
- Botched Rhinoplasty – which resulted in a deviated septum.
We can help determine whether you are eligible to begin the plastic surgery negligence claims process. Contact us today for a free case assessment.
How To Prove Plastic Surgery Negligence Claims
Before anything, you should seek medical attention if you suffer from health concerns.
Then, you gather the following evidence to support your plastic surgery negligence claim. Evidence is crucial in proving how the harm has affected you and proving that the medical professional in question treated you with the incorrect standard of care.
- Take photographs after the plastic surgery to compare to those from before the procedure. This can highlight any botched work.
- Document your symptoms and the pain you are going through.
- Be examined by a different doctor, and ask for copies of the medical records. For example, a copy of a scan image that shows any internal damage after the surgery.
- Keep hold of the notes from the doctors and hospital you were given during your plastic surgery. This can show where they failed to meet expected standards, such as inadequate pre or post-op care.
- File a complaint that the medical professional(s) in question acted negligently.
- Witness details from anyone who attended your medical appointments with you.
If you are connected to a solicitor from our panel, then they can help by collecting this evidence for you as part of the service they offer. You may acquire this help if you contact us today.
Does The Bolam Test Apply To My Surgical Negligence Claim?
During the claims process, a panel of medical experts within the same field (in this case, plastic surgeons, etc.) assess whether the correct standard of care was delivered to you. This is known as the Bolam Test.
If they would not have acted any differently to the medical professionals whose care you were under, then your plastic surgery negligence claim will not be eligible. On the other hand, if they assess that they would have acted differently at any point throughout your whole surgery process, then it can be proven by this test that the medical professionals did not meet the correct standard of care.
You can learn more about how to prove plastic surgery negligence claims by getting in touch with us.
What Could My Claim For Plastic Surgery Negligence Be Worth?
If your claim for plastic surgery negligence is successful, you could be awarded up to two Heads of Loss. A general damages payout will be awarded for successful claims.
General damages compensate for the unnecessary physical and psychological injuries you have suffered because of your negligent plastic surgery. This can consist of:
- Your recovery time and any residual symptoms/disabilities that will be permanent.
- Any psychological conditions, such as depression, shock, and trauma.
- The decrease in your quality of life.
- The extent of your pain or treatment.
Solicitors look at your medical assessment records along with the Judicial College Guidelines (JCG) to help them value the worth of your general damages. Based on previous court cases in England and Wales, there are different guideline compensation brackets for all kinds of injuries.
Injuries Table
The table below contains different guideline figures for some possible injuries resulting from plastic surgery negligence. Please remember that the figures are only guidelines when looking at this table.
| Injury | Severity | Guideline compensation bracket | Notes |
|---|---|---|---|
| Paralysis | Tetraplegia (a) | £324,600 to £403,990 | Cases in the mid-range of this bracket include no physical pain and where the injured person has full awareness. |
| Facial disfigurement | Very severe scarring (a) | £29,780 to £97,330 | Where the cosmetic effect on young claimants is severely disfiguring, leading to severe psychological effects. |
| Less severe scarring (b) | £17,960 to £48,420 | Substantial disfigurement leading to a substantial psychological effect. | |
| Significant scarring (c) | £9,110 to £30,090 | Where plastic surgery has reduced the worst effects but some cosmetic disability remains. | |
| Less significant scarring (d) | £3,950 to £13,740 | One scar, or a few small scars, that do not drastically change the appearance of the person. | |
| Chest | Relatively simple (d) | £12,590 to £17,960 | Tissue damage with no significant effect on lung function in the long-term. |
| Scarring to other parts of the body | A number of large noticeable laceration scars or one disfiguring scar | £7,830 to £22,730 | To the arm(s), hand(s), leg(s), chest or back. |
| One noticeable scar or several superficial scars with some little cosmetic deficit | £2,370 to £7,830 | To the leg(s), arm(s), or hand(s). |
Other Ways In Which You May Be Compensated
Alternatively, special damages compensate for the financial losses you have suffered because of the avoidable harm. These expenses can consist of:
- Travel to your new hospital appointments.
- Any loss of earnings, both past and future.
- Medical treatment such as painkillers.
- Hiring an at-home nurse
- Domestic care.
You need to keep hold of as much evidence of this as possible. Evidence for your expenses can be receipts, bank statements, invoices, payslips, and travel tickets.
Making Plastic Surgery Negligence Claims
If you have an eligible claim one of our solicitors could offer their services via a Conditional Fee Agreement (CFA), which is a type of No Win No Fee contract.
A solicitor who works under a CFA will not need to be paid upfront for the service they will provide, nor any fees needed as the claim moves along. If the plastic surgical negligence claim fails no need to pay the solicitor for the work they have completed on your case.
Your solicitor will take a success fee, which has a maximum capped percentage legally, out of your compensation if you are successful in your claim. This still leaves you with the majority of your awarded payout.
Talk To Our Team
Given the complicated process of plastic surgery negligence claims, we want to help you. Expert help from specialists with years of experience dealing with similar claims can make the claims process much less daunting.
To potentially start your claim for plastic surgery negligence, please contact us by either:
- Phoning 0800 652 3087.
- Claim online by filling in your details.
- Chatting to an online claims advisor using the live chat feature in the corner.
Where Can I Find Out More?
Thank you for reading this guide. We are sorry to hear that you or a loved one has suffered problems following plastic surgery. To find out more information regarding plastic surgery negligence claims, read our similar guides:
- Read some frequently asked questions about medical negligence claims.
- Try using our medical negligence compensation calculator.
- Read about negligent cosmetic surgery claims.
Additionally, these external pages might be of use to you:
- NHS – an overview on plastic surgery.
- Royal College of Nursing (RCN) – a nurse’s duty of care.
- General Medical Council (GMC) – ethical guidance for doctors.