Cosmetic Surgery Claims

What are Cosmetic Surgery Claims?

Cosmetic surgery is a voluntary medical procedure, the aim of which is to improve the aesthetic appearance of the patient. The practise can focus on many differing parts of the body and it’s largely defined by the fact that it is elective rather than essential. Enhancements, reductions and new techniques all come under the umbrella that is referred to as cosmetic surgery in the present day.


Unfortunately, things can go wrong and this is where cosmetic surgery claims can occur. Typical claims can arise if the medical care and/or the surgery itself is found to be negligent and has caused avoidable harm to the patient. If that patient has subsequent physical or even psychological problems then there may be a case for cosmetic surgery lawyers to step in.


What Causes Cosmetic Surgery Negligence?

Medical negligence can come in many forms and there isn’t a single act that could potentially lead to cosmetic surgery claims. Negligence could even start before the actual procedure as the surgeon is legally obliged to discuss the risks and potential advantages of the surgery itself. If no appraisal took place then there could be grounds for cosmetic surgery negligence claims to follow.


In addition, any of the following issues can lead to a possible claim:


  • Use of faulty equipment such as a defective implant
  • Treatment not performed to the standard as discussed with the surgeon
  • Lack of aftercare following the procedure


It’s equally important to note at this point that, while a number of patients may be unhappy with the results of their cosmetic procedure, this doesn’t necessarily mean that negligence has occurred. This is why it’s important to have an initial consultation with a qualified and experienced solicitor in the first instance to establish whether or not there is a case to be answered.


What are the most Common Types of Cosmetic Surgery Claims?

There are a number of instances where cosmetic surgery injury cases can arise. Most commonly, a physical issue can occur following the procedure but settlements can also involve mental trauma. Most cosmetic surgery lawyers will deal with claims involving the following types of procedure:


  • Facelift
  • Breast augmentation or reduction
  • Nose reshaping / Rhinoplasty
  • Tummy Tucks
  • Eyelid surgery and brow lifts
  • Ear pinning and related surgery
  • Laser skin resurfacing
  • Botox
  • Liposuction


So what can go wrong, giving rise to potential for cosmetic surgery claims? Among the more regular medical issues are:


  • Infection
  • Scarring
  • Loss of Skin
  • Psychological issues


It’s important to note that neither of these two lists are completely exhaustive: Anyone who believes they have suffered as a result of negligence following any procedure should get in touch with cosmetic surgery lawyers to discuss the position further.


How to make a claim for cosmetic surgery claims

Making a claim is a complex legal business and it’s something that should not be undertaken alone. Unfortunately, it’s also the case that a number of unregulated cosmetic surgeons are operating in Ireland and, as such, there is no governing body controlling them and no official complaints procedure to follow. 


Even if there is a regulatory body behind the practise, we would recommend that experienced cosmetic surgery lawyers are contacted in the first instance. They can discuss the circumstances of the incident and advise as to whether you may have a case moving forward.


In summary, the process for cosmetic surgery compensation claims should be:


  1. Approach a cosmetic surgery solicitor 
  2. Undertake an initial consultation to discuss the procedure and what went wrong
  3. Provide any supporting evidence such as subsequent medical bills


If both parties are happy, your lawyer can then proceed through the official legal channels.


What are the Legal Time Limits for a Cosmetic Surgery Claim?

Legislation on the subject confirms that cosmetic surgery negligence claims must be filed within two years of the date of the procedure. This a specific ruling and is unlikely to be modified except, perhaps, when there are extreme extenuating circumstances – perhaps when the patient has been seriously ill or injured for a long period of time and has been unable to produce a claim.


It is, therefore, extremely important that any potential claimant gets in touch with cosmetic surgery lawyers as soon as possible. There is that two year period of leeway in place but it’s always advisable to get cosmetic surgery claims moving within the shortest possible time frame.


How much Compensation can I get for Cosmetic Surgery Claims?

It is difficult to put an average figure on cosmetic surgery compensation claims and the exact final settlement will depend on a number of factors. The nature and circumstances of the incident are pivotal to any final sum but there are other points to note as well.


Figures relating to cosmetic surgery claims can be dependent on:


  • The nature and severity of the claim
  • Cost of medical bills
  • Loss of income
  • Projected cost of ongoing medical care if applicable


Depending on those factors, claim settlements can start at a few thousand pounds and could, potentially, run to much larger seven figure sums. Because there are many variables to take into account, it’s advisable to contact experienced cosmetic surgery lawyers who can discuss your own circumstances and provide more accurate numbers.


Why Choose McGinley Solicitors?

The area of cosmetic surgery negligence claims is highly specialised and experience is a key word in pursuing successful settlements. At McGinley solicitors, we have been dealing with cosmetic surgery claims since we were established in 1988 so there is over thirty years of experience at a claimant’s disposal.


We offer a professional and empathetic approach to cosmetic surgery negligence claims and can also be flexible in terms of taking the matter forward. With three offices located across Dublin and Donegal, we can arrange any necessary meetings at a time and place to suit you.


If you’d like to take the opening steps in your cosmetic surgery claim, please give us a call on 1890 998 969 or complete the enquiry form and we will get straight back to you.

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