Facelift injury compensation claims
In the following guide we set out what you need to know about making a facelift injury compensation claim.
Facelift cosmetic surgery procedures carry risks. Patients are made aware of these risks before surgery, but a patient accepting these certain risks does not absolve medical practitioners from all blame if something goes wrong.
Clinical negligence compensation could potentially be claimed if injury or psychological harm that arises from the facelift surgery or the supporting treatment and care.
There may be grounds to make a compensation claim if decisions made by the staff involved in your surgery and care amount to medical negligence.
Under the Health and Social Care Act 2008, all private cosmetic surgery clinics must be registered with the industry's Care Quality Commission. This Commission regulates clinics. They ensure clinic facilities meet their essential requirements of safety and quality.
Clinic inspections happen once a year. If failures in their essential requirements are found, fines can be imposed, or the clinic shut down.
If personal injury is caused by failures in areas relating to the above legislation, a private clinic can be held liable.
I have a strong claim - why won't a solicitor take it on?
If a procedure has not produced the result you hoped for, this alone would not be grounds for a claim.
If an express guarantee of a particular result was given, and the surgery failed to achieve this, you could be entitled to claim.
New regulations prohibit surgeons from making such assurances of improvement, but the outcome of a claim made on this basis will likely depend on the facts of the case.
Cosmetic surgical procedures are regulated. They must be carried out by qualified, licensed medical practitioners. Unqualified practitioners are liable to be prosecuted. Surgeons also have a legal duty of care to their patients. If a surgeon is proven to have failed in this duty, they can be sued for negligence.
Successful claims must provide evidence of the defendant's negligence, or proof of failures in the standard of care provided to the claimant.
Can cosmetic surgeons deny liability?
Cosmetic surgeons do have several defence options.
With this type of negligence case, there are two important tests the claimant's solicitor will consider:
- The 'Bolam Test' - claimants must prove that the standard of care provided to them was below the standards offered by other professionals. If the defendant used methods other professionals would not have done, the claim may be successful.
- The 'Bolitho' case - This case set a precedent which, in some cases, may override the Bolam Test. If the defendant's actions were logical, and are defensible, the negligence claim may be unsuccessful even if the cosmetic surgeon's actions were not standard practice.
Cosmetic surgery negligence cases can be complex. Each case will be decided in accordance with these precedents, considering the available evidence.
Facelift compensation claims advice
Speaking to a specialist solicitor will give you a clearer idea of whether you may have a claim. After discussing the circumstances of your claim, the solicitor will be in a position to advise you of your options.
A no win no fee agreement ( known as a Conditional Fee Agreement or CFA) is entered into between the claimant and solicitor.
A Conditional Fee Agreement is in essence the terms under which the solicitor acts for the claimant.
The agreement documents what the solicitor will do and how he or she is paid if your legal case is won.
If you decide to choose Quittance for your facelift injury compensation claim there will be no extra charges , nothing to pay up-front and the complete peace of mind that you will never be out of pocket.
Quittance developed the Compensation Claim Report (CCR) to help injured people decide whether to make a claim.
Your report will consider:
- how much compensation you could get
- how long it should take to complete the claims process
- the probability of making a successful claim
For more detailed information regarding your claim, you can get your report here.
The amount of compensation you will receive depends on a number of factors. Our cosmetic surgery compensation calculator provides an accurate estimate of your likely compensation.
The nationwide network of QLS solicitors handle all types of clinical negligence claims, from fast track cases to life-changing injury. Selected on the basis of their track record in recovering compensation, Quittance's panel solicitors have years of dedicated experience.