Welcome to our guide on plastic surgery negligence claims. In this article, we’ve included information on whether you’re eligible to make a claim following negligent plastic surgery, as well as what negligence could look like in scenarios such as these. There’s also a section on gathering evidence to support plastic surgery negligence claims, as well as one on gathering evidence to help support your case.
You’ll also find a section on how much plastic surgery negligence claims are calculated – in other words, how much compensation a claim such as this can be worth.
Plastic Surgery Negligence Claims Explained
Get in touch with us if you have any questions as you read. Our advisors are always available to assist you. They may also be able to connect you with one of our No Win No Fee solicitors to begin the claims process. Read on for more information, including our contact information – which you’ll find just below.
- Call on 0800 073 8801
- Contact us online
- Use the pop-up chat window
Select A Section
- Who Could Make Plastic Surgery Negligence Claims?
- What Types Of Negligent Plastic Surgery Could You Claim For?
- How Do I Prove A Surgeon Acted Negligently?
- Examples Of Payouts For Plastic Surgery Negligence Claims
- How Could Accident Claims UK Help You?
- Where To Read More About Negligent Plastic Surgery Claims
Who Could Make Plastic Surgery Negligence Claims?
All medical professionals owe their patients a duty of care. This includes surgeons carrying out elective cosmetic procedures. The surgeons in question must competently perform the operation with reasonable skill and care. To be eligible to make a claim for surgical negligence, you must be able to demonstrate that you satisfy the medical negligence eligibility criteria listed below:
- A medical professional i.e. the plastic surgeon owes you a duty of care (when a practitioner agrees to treat you they instantly owe you this duty of care).
- This duty of care was breached by actions or omissions from the plastic surgeon, their team or the clinic as a whole.
- You suffered harm that was otherwise avoidable.
How Long Do I Have To Claim For Negligent Plastic Surgery?
Medical negligence claims have a period of time in which you must begin legal proceedings. Generally, this time limit is 3 years. This is the limitation period found in the Limitation Act 1980. However, there are exceptions to this.
Get in touch today to find out if you’re eligible to start a cosmetic surgery medical negligence claim.
What Types Of Negligent Plastic Surgery Could You Claim For?
Plastic surgery procedures are carried out to alter someone’s physical appearance. They can also be referred to as cosmetic surgery procedures. The operations are often elective and carried out at private healthcare facilities, although some treatments are provided by the NHS.
Below, we’ve included some examples of how a plastic surgeon could breach their duty of care:
- The use of defective breast implants.
- Inadequate aftercare following the procedure.
- Not informing a patient of the risks of surgery before the operation.
- Operating on the wrong part of the body.
- Operating on the wrong patient.
- Leaving foreign objects inside the patient, such as surgical equipment.
- Perforating an internal organ by using an incorrect method.
- Slipping when using a scalpel and causing scarring
There are instances besides those listed above. Get in touch with our advisors today to find out if you could make a plastic surgery negligence claim. The team will assess your case for free in a no-obligation case assessment.
How Do I Prove A Surgeon Acted Negligently?
When making plastic surgery negligence claims, you need to present evidence. There are various forms of evidence that could be relevant to your circumstances. We have included some general examples in the list below:
- Medical records – These can be your general medical records kept by your GP and hospital as well as any records from the plastic surgery clinic.
- Hospital discharge letter – This may contain any information about any injury that was suffered or illness.
- Witness contact details – For example, a loved one may have been present during a meeting with your surgeon ahead of the procedure. They could corroborate the fact that the surgeon in question did not sufficiently alert you to the potential risks.
The Bolam Test – This is when a group of relatively trained medical professionals are asked whether the treatment and care the patient received was of a reasonable standard of skill and care. This type of test is not used in every medical negligence claim. However, the findings can be used as evidence.
Get in touch to find out more about the plastic surgery negligence claims process.
Examples Of Payouts For Plastic Surgery Negligence Claims
If plastic surgery negligence claims are successful, they will be awarded a compensation settlement. As all claims are unique to the individual the payout that is received will differ from claimant to claimant. The primary damage that you could claim for is known as general damages as it looks to compensate for the pain, suffering and loss of amenity caused by the breach of duty.
Legal professionals associated with your case will calculate a value for general damages by looking at medical records, and your independent medical assessment as well as consulting with the Judicial College Guidelines (JCG), which was last updated in 2022. The JCG lists many different types of harm, alongside various severities and compensation guidelines.
Guideline Amounts From The JCG
In the table below, we’ve included some figures taken from the JCG. They’re based on successful court cases. You can use them as a rough guide, but your own claim may differ in value due to your specific circumstances.
| Injury | Severity | Description | Guideline Amount |
|---|---|---|---|
| Bowels | Total loss | Total loss of natural function and dependence on colostomy. | Up to £150,110 |
| Bladder | Total loss | Complete loss of function and control. | Up to £140,660 |
| Psychiatric Damage Generally | Severe | Marked problems coping with all aspects of life and a poor out look for recovery. | £54,830 to £115,730 |
| Facial scarring | Very severe | Awarded to claimants who are relatively young. Typically, this includes teens and those in their early 30s. The disfigurement is very severe and will cause a psychological reaction of a severe nature. | £29,780 to £97,330 |
| Less severe | Although not as severe as the above entry, the disfigurement will still be substantial, as will the psychological reaction. | £17,960 to £48,420 | |
| Significant | Although the psychological reaction may have been considerable, it has been reduced due to improvements from further plastic surgery. | £9,110 to £30,090 | |
| Scarring to Other Parts of the Body | Noticeable laceration scars, or a single disfiguring scar | Scar or scars to the arm(s), hand(s), leg(s), or back/chest. | £7,830 to £22,730 |
Special Damages In Plastic Surgery Negligence Claims
In certain cases, the harm you experience can result in your suffering a financial loss. If so, you may also be eligible to receive a second head of claim called special damages. With this figure, your losses can be addressed as you’re reimbursed for the financial impact that’s been caused.
Here are a few examples of what could be included in special damages:
- Loss of earnings.
- Medical costs.
- Therapy to address psychological needs.
- Travel costs.
Our advisors can value your claim as a whole. So, get in touch today for free to find out how much compensation you could be owed.
How Could Accident Claims UK Help You?
To find out if you could sue a plastic surgeon then call our claims team today for free advice. They will assess your plastic surgery negligence claim, if it is found to have good grounds they could connect you with one of our specialist medical negligence solicitors.
In addition, all of our solicitors offer a specific type of No Win No Fee arrangement to their clients. It’s called a Conditional Fee Agreement (CFA). This means you are not required to pay them any fees upfront in order to access their legal services.
If your claim is successful, your solicitor then takes a success fee from your compensation in the form of a legally capped percentage. If the claim is lost, no fees are needed to pay to your solicitor for the work they have done on your claim.
Contact Us To Begin A Medical Negligence Claim
Get in touch with our advisors if you have any questions about plastic surgery negligence claims. We are always available to assist you. If your claim is valid, then we have the ability to connect you with one of our No Win No Fee medical negligence solicitors to help you begin a claim for compensation.
- Call on 0800 073 8801
- Contact us online
- Use the pop-up chat window
Where To Read More About Negligent Plastic Surgery Claims
Thank you for reading our guide on plastic surgery negligence claims. We have included some links below that will take you to additional resources that you may find useful.
More from us:
- Unnecessary surgery – Find out if you could claim in instances such as these.
- MRSA negligence claims – You may develop an MRSA infection after surgery. Find out if you could make a claim.
- How to make a hospital negligence claim – Read our guide to discover how this is possible.
Information from other sources:
- Cosmetic procedures – A general guide from the NHS.
- Litigation friends – In some circumstances, some claimants cannot pursue their own claim. Someone else can be appointed to do so on their behalf. Read this information from the Government.
- Pre-Action Protocol for the Resolution of Clinical Disputes – More from the Government website.
