What Are The Eligibility Requirements For Plastic Surgery Negligence Claims?

If you have suffered necessary harm following a cosmetic procedure, you may be wondering whether you could be eligible to claim compensation. Within this guide, we will explain the eligibility requirements all plastic surgery negligence claims must meet in order to be considered valid.

Leading from this, we will provide some examples of how plastic surgery negligence could occur. We also provide an illustrative case study for a £100,000 compensation payout for a successful cosmetic surgery negligence claim.

This guide also explains how compensation is calculated in medical negligence claims and the different heads of loss you could be awarded to form your final settlement. We end this guide by discussing how a No Win No Fee solicitor from our panel could help you through the claiming process.

If you are considering claiming cosmetic surgery compensation, we’re here to help. As part of our free initial consultation, we’ll answer your questions and provide free legal advice. What’s more, if your claim is valid, we could connect you with one of the No Win No Fee medical negligence solicitors from our panel.

If you would like to discuss your potential cosmetic surgery claim, you can contact a member of our advisory team. They can also help answer any questions you may have about starting a claim.

To speak to us about your plastic surgery claim, you can:

  • Call our advice centre on 0800 408 7827
  • Ask a question using our live chat pop-up.
  • Contact us online so that we can arrange a callback.

Two surgeons standing over a patient performing a cosmetic surgery procedure.

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When Are You Able To Make Plastic Surgery Negligence Claims?

As a medical professional, your cosmetic surgeon owes you a duty of care. Per their duty of care, they must ensure that they provide you with the minimum expected standard of care. If the care they provide falls below this standard, you may suffer harm that could have otherwise been avoided.

All plastic surgery negligence claims must be able to meet the following criteria in order to be valid:

  • The medical professional treating you owed you a duty of care.
  • That duty was breached.
  • As a result, you have suffered harm that was unnecessary.

Together these form the basis of medical negligence. You must be able to meet all of them to make a medical negligence claim.

Examples Of Plastic Surgery Negligence

As aforementioned, to be able to make a cosmetic surgery compensation claim, you will need to show that you suffered avoidable harm due to a cosmetic surgeon breaching their duty of care. There are various ways that someone could be harmed during a cosmetic procedure. Some examples include:

  • You suffered sepsis after your surgical wounds were not cared for correctly while you were in hospital.
  • Defective breast implants were used during your surgery, which meant you needed further surgery after one ruptured inside you.
  • You suffered avoidable nerve damage because your surgeon did not pay close enough attention during your procedure.

These are just some examples of how plastic surgery can go wrong. If you have any questions regardings claims for medical negligence in cosmetic surgery, you can contact one of our advisors.

A man with markings on his face ans someone handling a scalpel up to his jaw.

Case Study: £100,000 Payout In Surgical Negligence Compensation

In this figurative case study, we discuss how a patient received a £100,000 compensation payout for negligent cosmetic surgery.

Ms Jones decided that she’d like a facelift to remove loose skin around her chin and to achieve tighter skin around her neck.

After the first facelift, Ms Jones was left with visible scarring and had pain in her jaw caused by nerve damage. Ms Jones decided to seek legal advice and finally instructed a solicitor to make a plastic surgery compensation claim.

Eventually, it was agreed that the surgeon had not provided enough information about the risks of the facelift and that they had not used the correct procedures during surgery.

As a result of the physical pain and suffering and the embarrassment caused by the botched plastic surgery, Ms Jones was awarded £100,000. This also covered the cost of further treatment with another surgeon plus loss of earnings for when her injuries stopped her from working.

If you’d like advice on how to make a medical negligence claim following plastic surgery, why not call our team today?

How Much Compensation For Plastic Surgery Negligence Claims?

If your plastic surgery claim is a success, you’ll receive a compensation payout. Two heads of loss could form your final settlement.

The first is general damages and it is awarded in all successful cosmetic surgery claims. It is designed to compensate you for the pain, suffering and harm you have expereinced due to a medical professional failing to adhere to their duty of care.

Those calculating this compensation for your claim may refer to the compensation guidelines listed within the Judicial College Guidelines (JCG). Any medical evidence you have provided may also be used to evaluate the extent of your suffering.

Compensation Table

Using some of the compensation guidelines listed within the JCG, we have created the following table. These entries may be applicable to plastic surgery negligence claims. Please note that the first entry has not been taken from the JCG, and this table should only be used as a guide.

HarmLevelSettlement BracketExtra Information
Multiple Severe Forms of Harm Along With Special DamagesSevere Up to £300,000 + Compensation for multiple severe forms of harm and their financial losses, including medical costs, lost earnings and travel expenes.
Psychiatric Damage GenerallySevere£54,830 to £115,730The prognosis will be very poor and the person will struggle to cope with daily life and work and their relationships will be impacted.
Facial DisfigurementVery Severe Scarring£29,780 to £97,330Based on very disfiguring cosmetic effect in claimants (typically teenagers to early 30s) as well as severe psychological reaction.
Less Severe Scarring£17,960 to £48,420Substantial physical disfigurement and significant psychological reaction.
BladderSerious Impairment of Control£63,980 to £79,930This will cause some incontinence and pain.
BowelsSevere Abdominal Injury£44,590 to £69,730Function will be impaired and usually requires a temporary colostomy that causes disfiguring scars.
Digestive SystemDamage Resulting From Traumatic Injury (i)£43,010 to £61,910Continuing discomfort and pain due to severe damage.
ChestChest and Lung Damage£31,310 to £54,830This damage will cause some continuing disability.
Scarring to Other Parts of the BodyNoticeable or Disfiguring Scars£7,830 to £22,730Multiple noticeable scars or one disfiguring scar ion the back, chest, hands, legs or arms.

Financial Losses From A Medical Negligence Claim

The second head of loss that may be included within compensation settlements for successful cosmetic surgery negligence claims is special damages. This is designed to compensate you for the financial harm the medical negligence has caused you.

This may include:

  • The cost of remedial plastic surgery and other medical expenses.
  • Loss of income due to needing to take time off work.
  • Travel costs to and from essential appointments.

Any financial losses will need to be proven with receipts, bank statements or other forms of financial documentation.

If you have any questions regarding how compensation is awarded in plastic surgery negligence claims, you can contact a member of our advisory team. They could also provide you with a free valuation of your case.

Use No Win No Fee Medical Negligence Solicitors To Claim

Provided that you have a valid claim, one of the specialist cosmetic surgery solicitors on our panel could help you with your case. As part of their services they could help you with gathering evidence to support your case, guide you through the cosmetic surgery claims process and negotiate a settlement on your behalf.

Additionally, they may offer to represent you on a No Win No Fee basis. Specifically, they may offer you a Conditional Fee Agreement. When claiming under this arrangement with a solicitor, you will not need to pay them for their work:

  • Prior to the claim starting.
  • During the process of your claim.
  • If you are not awarded compensation following an unsuccessful claim.

However, you will need to pay your solicitor a success fee if you are successfully awarded compensation. Your solicitor will take this fee directly out of your compensation as a legally limited percentage.

A client asking a solicitor about the plastic surgery negligence claims process.

Contact Us About Your Cosmetic Surgery Claim Today

If you have any questions regarding cosmetic surgery compensation claims, you can contact our friendly team of advisors. In addition to answering your questions, they can assess the validity of your case, offer you free advice and potentially connect you with a No Win No Fee solicitor on our panel.

To reach our team today, you can:

More Resources About Medical Negligence Claims

Here are a few more of our medical negligence claims guides:

Also, we’ve provided a few external links that might help too:

If you have any further questions regarding plastic surgery negligence claims, you can contact a member of our advisory team.