Cosmetic Surgery Negligence

Although the United Kingdom isn’t the cosmetic surgery capital of the world, we have registered over 50,000 of these procedures in 2013 alone, based on the data provided by the British Association of Aesthetic Plastic Surgeons. Some of the most popular ones are breast augmentation, liposuction, face/neck lift, and eyelid surgery. Others also choose cosmetic dentistry (such as veneers or tooth bleaching), gastric band surgery, and breast reduction.

Even if some procedures are simpler or that technologies have made them less invasive, they still have risks, and accidents and injuries can still happen. This then explains why there are also a lot of people who are pursuing a cosmetic surgery injury claim.

Common Reasons

Although the cosmetic surgery claim can be caused by a variety of reasons, we want to highlight two: false advertising and lack of proper information.

False advertising can be as simple as exaggerated expectations. For example, a woman visits a clinic after seeing a photo of Angelina Jolie in the billboard. She wants to look like her, she said, and the doctor guarantees that it can be done. After the surgery, however, she doesn’t look anywhere close to the actress.

The lack of proper information, meanwhile, can happen when the doctor maliciously or inadvertently fails to mention certain data that could have a large potential impact in the patient’s decision. If she had known earlier on that the procedures can take many sessions and X amount of money, she could have delayed it or looked for another cosmetic surgeon. He may have also forgotten to mention all the possible consequences of the after-treatment like susceptibility to infection.

Who Should Be Responsible?

Liability is an important component in any personal injury claim. After all, there should be someone who is accountable for your accident and injury and who should pay for compensation. Just because there’s a third party involved doesn’t immediately make him or her accountable, especially if they have exercised all the right measures to ensure your safety and the success of the operation. To help you identify who’s the accountable party, you really need to talk to a solicitor.

One of the typical questions, though, is whether you should file a claim against the company or the doctor. Again, it’s a matter of knowing who’s more liable between the two. Often, though, the case is filed against the surgeon. Hence, it becomes difficult when he no longer works in the industry or when he’s based in another country.

Another potential setback is the insurance coverage. Professional cosmetic surgeons do have insurance, but the question is, is it enough to cover for the claim? If it’s not, then he may have to cover for the remaining amount through his own savings, but will it be enough?

Because of the complex nature of the cosmetic surgery compensation, we would strongly advise you to talk to a qualified solicitor as soon as possible. The longer you have to wait, the harder it is usually to defend the case. The lapsed time may be viewed by the third party and even by the court as admission or acceptance of the fault. 

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