Cosmetic surgery negligence
compensation claims

If a cosmetic surgery injury has set you back, we'll help you move forward

Complications from cosmetic surgery can be both physical and emotional. If your life, or the life of a loved one, has been affected by a negligent cosmetic surgery procedure, we can help.

If your injuries were caused by the negligence of a medical professional, you may be entitled to claim compensation for remedial treatments, suffering, and any psychological impact on your life.

You can make a compensation claim with the help and support of a specialist clinical negligence solicitor.

You are not alone

Over 27,000 cosmetic surgery procedures were performed in the UK in 2019. With the number of cosmetic surgery procedures on the increase, it is likely that the number of procedures that result in negative outcomes will also increase.

Like non-elective surgery, cosmetic surgery carries risks. Negative outcomes can occur despite the professionalism and training of the medical staff carrying out a procedure, and it can be difficult to make a claim in such circumstances. However, if something goes wrong as a result of an error or other negligence it is likely that a medical negligence claim can be made.

Cosmetic surgery is not as heavily regulated as many other medical and healthcare-related disciplines. Procedures are in some cases performed by untrained or inexperienced staff, and in environments that are not equipped to treat complications should they arise.

If you decide to make a cosmetic surgery claim, your medical negligence solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.

Do I have a cosmetic surgery negligence claim?

If you received treatment from a medical professional that fell below the accepted standard of care, and you were harmed as a result, you can claim compensation for medical negligence.

Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

How long after a negligent cosmetic surgery procedure do I have to claim compensation?

For a cosmetic surgery claim, you usually have 3 years to make a claim from the date you became aware of the negligent treatment (date of knowledge).

Get an impartial opinion

To get impartial advice on whether you have a claim, speak to an injury claim expert on 0800 376 1001.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

How long do I have to start a claim?

If your injury is apparent immediately after medical treatment, you will have 3 years to start a claim.

It may be that the negligent procedure happened more than 3 years ago, but your injury was only diagnosed recently, within the last 3 years. If so, you may still be able to make a claim.

What if your injury was diagnosed months or years after treatment?

You may not be immediately aware of your injury. In some cases, months and even years can pass before symptoms appear.

The law allows you to make a medical negligence claim up to three years after the 'date of knowledge' (when you first learned of the injury).

It is recommended that you start a claim as soon as possible, as medical negligence cases can be complex. Starting your claim sooner will give your solicitor more time to gather medical evidence, assess the extent of your injury and to negotiate interim payments and your final compensation amount.

How much compensation can I claim for a cosmetic surgery?

The amount of money you could claim for your injury will depend on:

• the seriousness of your injury, and
• any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special damages

Special damages is compensation awarded to cover any financial losses and expenses you incur as a result of your cosmetic surgery injury or negligent medical treatment. These damages aim to put you back in the financial position you would have been in, had your injury not occurred.

Special damages will also cover your medical treatment expenses, that might include corrective surgery, pain medication and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

The causes of cosmetic surgery negligence

In order to make a cosmetic surgery compensation claim, the claimant must prove that the cosmetic surgeon or the cosmetic practice were negligent. All medical practitioners have a ‘duty of care' to their patients. Practitioners must take all reasonable steps to ensure the safety and well being of the patients in their care. Failure to do so may amount to negligence.

Negligence in cosmetic surgery procedures can include:

Procedural error

This could be a mistake made in the surgery that resulted in physical injury such as nerve damage, or a mistake that meant the surgery produced poor results. Being dissatisfied with the outcome of surgery may not in itself be grounds for a claim, but if an independent medical expert agrees that the results fall below a reasonable standard, it may be possible to make a claim.

Failure to advise

Practitioners are required to give the patient the necessary information to make an informed decision prior to the procedure taking place.

If the practitioner fails to do so, there may be grounds for a compensation claim. Failure to advise could include a failure to warn patients of potential side-effects, or failing to adequately warn the patient of the potential risks associated with the procedure.

Common cosmetic surgery procedure claims

Compensation claims have been made in numerous cases of negligent cosmetic surgery. An increasingly wide range of procedures are identified as 'cosmetic surgery', including:

• Breast augmentation
• Facelifts
• Liposuction
• Botox injections
• Tummy tucks
• Hair replacement
• Laser surgery
• Skin resurfacing
• Blepharoplasty (surgery of the eyelids)

In the case of newer and rarer forms of cosmetic surgery, it may still be possible to make a claim. A specialist solicitor will be able to advise you on your options.

What can I claim compensation for?

If it can be proved that the medical practitioner or the cosmetic practice have been negligent when treating you, you may be able to make a compensation claim for the following:

Physical injuries

The Courts recognise that the physical impact of negligent cosmetic surgery can be significant. Awards for scarring to the face and other visible parts of the are frequently higher as a result. Claims are often made for injuries such as nerve damage, scarring and secondary infection arising from inadequate health and safety procedures.

Psychological damage

Compensation awards also reflect the fact that the psychological impact of poor cosmetic surgery can be significant, affecting a person's confidence, self-esteem and mental health.

Cost of corrective procedures and other medical expenses

As with other injury claims, treatment costs can also be factored into the calculation of a cosmetic surgery claim. The cost of corrective surgery, where possible, should be included the agreed settlement or award.

Clinical negligence claims

Cosmetic surgery injuries are usually categorised as clinical negligence. Click on the icon below for more information.

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How we can help you with your medical negligence claim

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning medical negligence claims.

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Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.