With many more people undergoing cosmetic surgery there is a rise in dissatisfaction from Patients.
Clinical Negligence specialist Catherine Pinnegar looks at the issues.
Cosmetic Surgery Clinics have reported an increase in enquiries for cosmetic procedures during the pandemic, many are putting the increase down to more of us using teleconferencing daily resulting in us spending more time seeing ourselves from a different perspective and the ability to have surgery secretly.
Unfortunately, an increase in people having procedures will undoubtedly lead to a rise in clinical negligence claims for botched surgery.
The consequences of botched surgery can be devastating causing physical, emotional and financial suffering.
Generally, negligence arises due to either a procedural error or a failure to advise.
A procedural error could be a mistake that is made during the surgery such as perforating the bowel during gastric band surgery or a mistake that results in a poor outcome such as uneven breasts following a breast augmentation.
Surgeons and practitioners are required to provide patients with the necessary information for them to make an informed decision before undergoing a procedure. The information should include any risks associated with the procedure no matter how small, any side effects associated with the procedure, there should also be a clear discussion regarding what the outcome of the procedure will be, i.e. is what the patient desires achievable?
What can I claim for?
- General damages for the physical or psychological injury, including loss of confidence, loss of self-esteem and any other associated mental health conditions caused by the negligent surgery
- The cost of corrective surgery if applicable
- Other financial losses such as travel costs, loss of earnings and costs of care
How long do I have to make a claim?
The general rule is that claims for clinical negligence need to be formally filed with the Court within 3 years of the negligent treatment or within 3 years of finding out that previous treatment was negligent.
What should I do next?
If you think you may have a medical negligence claim arising from a cosmetic procedure, we urge you to contact us as soon as possible so that we can start investigating the treatment you received.
If we consider that you have reasonable prospects of bringing a claim of clinical negligence, we will enter into a Conditional Fee Agreement with you, popularly known as a ‘no win no fee’ agreement.
Call one of our experienced lawyers today and we can discuss the prospects of your claim and funding options available to give peace of mind from the outset.
Contact Catherine today on [email protected] or call 01803 225112