Claiming Compensation For Cosmetic Surgery That Has Gone Wrong

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Cosmetic surgery is booming across the UK among those seeking to remove physical blemishes or simply alter their aesthetic appearance. Growth has been fuelled by the increased accessibility of cosmetic surgery across the country, with clinics offering ever more competitive prices. At the same time the quality and results of cosmetic surgical procedures have improved immeasurably since the early days, and with society in general attaching ever-greater importance to physical appearance, the social stigma previously attached to cosmetic surgery has disappeared. As the industry has mushroomed however, so have the risks involved become increasingly apparent. Much of the problem lies in the failure of the government and medical profession to adequately police the sector, recently described by Dr Nigel Mercer, the president of the British Association of Aesthetic Plastic Surgeons (BAAPS) as an ‘unregulated mess’. While regulations do exist, and are theoretically enforced by the National Care Standards Commission, registration with that organization is not compulsory. Furthermore, even cosmetic surgeons who are registered are not required to have received specialist training if they began practicing before 1st April 2002.

Cosmetic surgery compensation claims are commonly the result of medical complications caused by negligence or inexperience on the part of the surgeon. A government-backed survey in September 2010 found that 56% of cosmetic surgery operating theatres were poorly equipped, and that a similar percentage of clinics carried out insufficient numbers of specialist procedures each year to be able to guarantee high service standards. Various risks are inherent with all types of invasive surgery. A patient may suffer an adverse reaction to the anaesthetic used, or their blood pressure may fall so far during surgery as to induce cardiac arrest. Open wounds are liable to become infected, especially where surgical implements are not properly sterilized or an operating theatre is unhygienic. Surgical errors may cause a haemorrhage and clots to form if blood vessels are damaged, while patients may also suffer paralysis if nerves are severed (a particular threat during facelift operations). Mistakes on the part of the surgeon may also lead to permanent unsightly scarring and disfigurement.

Patients may also seek compensation if a surgeon has failed to achieve the desired cosmetic or functional effect. This is often the case when a clinic or surgeon does not undertake a full and frank consultation with a patient leading to unrealistic expectations, or where they make claims which they are unable to fulfil. Botched operations of this kind can have serious emotional repercussions for a patient, as well as causing additional financial expense if they require corrective operations. Compensation claims for negligently performed cosmetic surgery will take both these factors into account. Registered cosmetic surgery clinics must facilitate an extensive consultation between surgeon and patient prior to surgery, as well as allowing the latter a two week ‘cooling off’ period to consider their options. Generally patients have a legal right to expect that their cosmetic surgical procedure will be performed with reasonable care and skill. Where this has not been the case they should consult a specialist clinical negligence lawyer.

Bartletts Solicitors are specialists in compensation for cosmetic surgery that has gone wrong. We will claim compensation for bad cosmetic surgery on a no win no fee basis meaning that if you win your claim you will keep 100% of damages awarded. For more details on cosmetic surgery compensation please visit our website www.workrelatedinjury.co.uk

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