A Guide to Claiming Rhinoplasty Negligence Compensation
If your life, or the life of a loved one, has been affected by a rhinoplasty injury we can help.
The purpose of this guide is to help anyone who has suffered a rhinoplasty injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
Rhinoplasty is a common cosmetic procedure more commonly referred to as a ?nose job'. Nose reshaping surgery does cause some initial soreness and bruising, as it involves breaking and reshaping the nose, which needs to heal fully before the results can be seen.
However, some patients find that the pain following surgery does not alleviate as quickly as expected, or experience other complications. If this happens, it may be possible to make a compensation claim.
The panel of solicitors has significant experience working on cosmetic surgery compensation claims including rhinoplasty. If you think your rhinoplasty procedure may have been performed incorrectly, we may be able to help.
Do I have a rhinoplasty negligence claim?
Medical negligence claims differ from personal injury claims as the following will need to be established:
- there was a breach of duty ("negligence" or "fault"); and
- the breach of duty was the cause of your injury, damage or loss ("causation" or "avoidable harm").
Breach of Duty
A breach of duty means that the standard of care you received was below the standard that could reasonably be expected of a competent healthcare professional.
To establish causation, it will need to be demonstrated that the injury you suffered resulted from the negligent care rather than the underlying condition.
Get an impartial opinion
To get impartial advice on whether you have a claim, speak to a rhinoplasty negligence claim expert on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
You can also find out if you have a claim with our Online Claim Checker.
Is compensation always payable?
If an error occurred during treatment and the patient was harmed as a result, this may be referred to as an "undesirable outcome".
Not all treatment that results in an undesirable outcome will result in the payment of compensation.
Sometimes an undesirable outcome is due to a known risk associated with the treatment, or due to a mistake that a doctor could reasonably have made in the circumstances.
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.
The amount of money you could claim for your rhinoplasty negligence will depend on:
- the extent 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 rhinoplasty negligence has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special 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.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a rhinoplasty negligence? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for a rhinoplasty negligence claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a rhinoplasty negligence will depend entirely on your specific circumstances.
Your rhinoplasty negligence compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a rhinoplasty negligence injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Rhinoplasty negligence compensation calculator
Calculating how much compensation you can claim for a rhinoplasty negligence injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your rhinoplasty negligence claim could be worth now:
How long does a rhinoplasty claim take?
The length of time needed to settle a rhinoplasty claim can vary considerably.
For instance, a straightforward liability accepted medical negligence claim could be completed in 12 to 24 months. However, if liability is denied a claim can take a number of years. Typically, a medical negligence claim takes 12 to 36 months. See:How long will my claim take?
Will I still be able to claim for a rhinoplasty negligence after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your rhinoplasty negligence claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Who can make a rhinoplasty compensation claim?
In order to make a compensation claim for a rhinoplasty procedure, the claimant must be able to prove that the medical professional or the practice employing the professional was negligent in their duty of care. It is not possible to claim compensation purely due to dissatisfaction.
If the rhinoplasty procedure went wrong in some way, a claim for negligence could be made. Complications might arise due to procedural error:
- Excessive bruising
- Nerve injury
- Breathing problems
- Further nose damage
- Blood clots
Every medical professional has a duty of care to make best endeavours in protecting patients from harm. If a medical professional breaches this duty of care, a claim for negligence may be possible.
A claim could also be made if the practice or medical professional failed to adequately inform the patient of the risks and the options available. Practitioners must give patients the necessary information to make an informed decision prior to surgery, including warning them of possible complications. If the patient is not properly informed, this is known as 'failure to advise'.
Who can the rhinoplasty claim be made against?
The compensation claim can be made against the medical practitioner who performed the rhinoplasty, or against the practice they work for.
There has been a rise in popularity of plastic surgery in recent years, which has resulted in an increased number of plastic surgery practices. Because cosmetic surgery is not as heavily regulated as many other medical disciplines, there is a risk of procedures being performed by untrained or inexperienced staff.
What can I claim compensation for?
Due to the nature of cosmetic surgery, when procedures go wrong the effects can be damaging both psychologically as well as physically. Rhinoplasty can be particularly damaging to a person's self-esteem, as the nose is such a prominent facial feature impacting on physical appearance. Rhinoplasty compensation claims will take into account:
- The pain and suffering caused
- Psychological impact
- Income lost due to incapacitation
- The medical costs of any corrective procedures
No win, no fee
Under a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay whatsoever if your claim is not successful.
Our no win, no fee guarantee
If you have been injured and it wasn't your fault, our no win, no fee guarantee takes the risk out of claiming compensation for your rhinoplasty negligence injury.
What do I pay if I win my rhinoplasty negligence claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my rhinoplasty negligence claim?
If your rhinoplasty negligence claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a catch?
The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning medical negligence claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:Call me back
if you can claim
to start a claim
Rhinoplasty negligence FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert