Claims for Cosmetic Surgery
When cosmetic surgery fails: pursuing a claim for clinical negligence
While careful planning and research may help mitigate risks, things can still go wrong. It might be difficult to assign fault when a patient is subjected to negligent treatment during a cosmetic operation.
In the majority of clinical negligence instances, we would advocate for our clients’ right to sue a hospital or healthcare trust. However, the issue is often more complicated in situations involving aesthetic surgery. This is because a large number of these procedures are performed by private surgeons who have borrowed space from a private hospital. In these circumstances, the surgeon is not supervised by the hospital, and the healthcare provider often disclaims responsibility for the errors or carelessness of private surgeons. To claim compensation on your behalf, you will want the assistance of a highly skilled clinical negligence counsel.
If you are contemplating cosmetic surgery, it is essential to understand the complexity of private hospital insurance and to do all possible to minimise the risks associated with the process.
Cosmetic Surgery: What Is It?
Cosmetic surgery encompasses a variety of invasive and non-invasive treatments aimed at enhancing an individual’s overall aesthetic look.
- Invasive operations — These often involve skin-lifting methods such as face, brow, and body lifts, as well as additional surgeries such as breast augmentation. These operations often have an irreversible effect and are very difficult to reverse.
- Non-invasive procedures — These include Botox injections, dermal fillers, vein therapy, chemical peels, teeth whitening, and laser hair removal. These operations are often brief, lasting between six and twelve months, and some are reversible, such as dermal fillers. Many patients choose these procedures because they often include less problems and scarring, as well as shorter recovery periods and lower expenses.
What are the most often performed types of cosmetic surgery?
According to recent statistics, there has been a significant increase in the number of individuals having non-invasive cosmetic operations in comparison to more intrusive procedures. The following are some of the more prevalent varieties of each, along with a description of what they are:
Invasive:
- Facelifts – A facelift (rhytidectomy) is a surgical cosmetic operation that involves the lifting and repositioning of the skin to produce a smoother, more youthful look.
- Brow lifts – A brow lift, sometimes referred to as a forehead lift or forehead rejuvenation, is a cosmetic treatment that involves raising the brows with the purpose of improving the look of the forehead, brow, and region around the eyes. Excess soft tissue is excised, leaving the skin looking smoother.
- Breast augmentation – Breast augmentation is a surgical procedure that alters the size and/or appearance of the breasts. Breast augmentation may be performed in a variety of ways, and the technique chosen will depend on the desired goal. Excess skin and soft tissue may be removed during breast augmentation operations, and implants may be put under the breast tissue or behind the chest muscles, depending on the patient’s preferences.
- A whole body lift, also known as a circumferential body lift or an upper and lower body lift, is a significant procedure that involves the removal of extra skin and soft tissue, most notably in the belly and lower back.
Non-invasive:
- Botox – Derived from botulinum toxin. It is used cosmetically to eliminate wrinkles by temporarily paralysing the face muscles.
- Dermal fillers – Injections of a gel that is often composed of hylauronic acid. They are injected into wrinkled regions to fill them up and provide the illusion of smoother skin. Dermal fillers may be used to fill in wrinkles and give volume to soft tissue in a variety of places of the body. Dermal fillers may be used in a variety of areas of the face, including the eye area, cheeks, lips, and jawline, as well as lip fillers that are injected directly into the lip tissue.
- Vein therapy – is a novel technique that uses lasers to treat varicose and spider veins. It works by putting intense bursts of light into the vein, causing the vein to contract and gradually fade away.
- Peeling agents
- Hair removal procedures – Hair removal may be accomplished using a variety of ways, including creams, epilation, and lasers.
- Teeth whitening — While not technically a cosmetic operation, it should be performed by a licenced dental professional. There are several methods for whitening teeth, and many of these methods require the use of bleaching substances, which may cause damage or injury if not handled properly. There is an increase in the number of unlicensed individuals doing these treatments, which is not only risky but also illegal.
What kind of injuries result from cosmetic surgery?
Cosmetic operations may result in a broad variety of injuries and severe responses. Several of the most often seen complications linked with non-invasive treatments include the following:
- Allergic responses
- Paralysis
- Bruising and/or swelling on a large scale
- Sight loss or deterioration
- Psychological consequences
Often, these treatments are performed by a licenced physician or nurse. However, because to the lack of regulation in this sector, persons performing these treatments may have little or no medical or specialty expertise.
The complications associated with more intrusive treatments may be fatal. It is possible that surgery was performed erroneously and carelessly, or that a substance used in good faith was discovered to be hazardous.
Often, these revelations come too late for those who have already had a treatment, such as breast augmentation, if it is discovered that the implant used was not fit for purpose and was prone to leak. These treatments should never be performed by anybody other than a licenced physician or surgeon.
Who Is Affected?
Anyone might have unfavourable repercussions from cosmetic surgery. When the practitioner reverses these operations, he or she should always communicate the hazards associated. This might be because the result was unexpected or because the product or technique has inherent hazards.
In invasive operations, this information should be gathered through consultation and thoroughly discussed prior to proceeding. Those discovered to be more at risk than others should have this properly conveyed to them, and the practitioner may refuse to do the surgery in specific situations if the risk is deemed severe.
Again, harmful consequences are possible with non-invasive methods. Although it is not required, we would usually recommend obtaining permission only after all hazards have been discussed. The practitioner should always thoroughly explain the product and deliver it with care and competence.
Am I Entitled to Make a Claim?
It is possible that the findings did not match what you expected or what was discussed or agreed upon during the consultation, or that you were not adequately informed about the dangers of an unsatisfactory outcome.
Cosmetic operations are intended to improve your mood, increase your happiness, and boost your confidence. If you want to spend your hard-earned money on cosmetic treatment, you must put complete faith in the clinician or surgeon you choose and expect they will uphold their duty of care to you and conduct the surgery to a high degree. Regrettably, this does not always occur.
If the physician or surgeon is careless, you may suffer severe, long-lasting, or even permanent injuries or disfigurements. In rare instances, further difficulties may have occurred, resulting in major negative consequences on your confidence and attractiveness.
If you’ve undergone cosmetic surgery and think the treatment went wrong, we recognise that you may be experiencing physical and mental pain as a result of the process.
Kindly contact us immediately if you want to talk confidentially with an attorney about initiating a compensation claim.