What is plastic surgery?
Plastic surgery often involves repairing or reconstructing tissues or skin that might have been damaged due to abnormalities, damage from other surgery, or due to an injury. Patients often benefit from an improved quality of life after undergoing plastic surgery.
This type of surgery is different to cosmetic surgery, which is usually carried out purely for aesthetic purposes.
Plastic surgery procedures
There are many methods used during plastic surgery, depending on the part of the body being treated and the intended outcome. Some common types of plastic surgery involve areas such as:
- The head, face, and eyes
- Mouth
- Skin
- Hands and limbs
- Breasts
- Abdomen
Different techniques that might be used include:
- Skin grafts: this involves removing healthy skin from one area of the body to replace damaged skin on another.
- Tissue expansion: this method stretches nearby skin tissue to help encourage the body to grow healthy skin that can be used for reconstruction.
- Prosthetics: these can include limbs or other artificial body parts which can be fitted in a variety of ways, for example implants or glue.
- Laser surgery: this is often carried out for relatively minor issues such as bruising or scarring.
Can I make a plastic surgery negligence claim?
A plastic surgery claim can be made if you have suffered complications or any form of injury due to negligence before or during a procedure.
Regardless of the amount paid for the treatment, every patient has a right to expect they will receive care that meets the required medical standards expected from a trained surgical professional.
As you will most likely have a written contract with your surgeon, if the operation is not conducted with due care and skill, and the treatment falls below the standard of a competent plastic surgery physician, you may be able to pursue a claim in breach of contract as well as negligence.
If you feel you have suffered as a result of a plastic surgery injury or complication, get in touch with our expert team at Been Let Down.
What complications can result in plastic surgery negligence claims?
Plastic surgery claims can be made for many reasons and complications can range in type and severity, depending on the situation. Some examples include, but are not limited to:
- Permanent scarring
- Nerve damage
- Organ damage
- Inappropriate or unnecessary surgery
- Preventable infection
- Poor aftercare
If you feel that your suffering post plastic surgery is due to negligence, we can discuss your case with you and help you make a plastic surgery claim.
Why make a plastic surgery negligence claim?
As well as getting the compensation you deserve, making a plastic surgery claim can help highlight the negligence and ensure the same complications do not happen to someone else.
As with all forms of medical treatment, as per the Health and Social Care Act 2008, the tort of negligence, and contract law, your plastic surgeon and their team have a duty of care to explain all risks and complications to you. They should also undertake the procedure following best practice standards. If they have failed in the duty of care owed to you, they could be seen as being medically negligent.
Helen Neville, Solicitor and Deputy Head of Clinical Negligence at Been Let Down explains:
“We sadly see errors being made in these types of cases where a patient is particularly vulnerable given the reason(s) they are there to have surgery in the first place.
Patients put their trust in a medical professional, and we see the physical and psychological impact that follows.
Examples include a failure to explain the risks to patients, follow the agreed plastic surgery plan, or a negligent mistake being made during surgery.
We are here to help you find out what went wrong, and ensure you obtain the correct level of compensation. Compensation will never undo what happened, but it is there to try to put you back in the position you would have been in, had the negligence not occurred. We help and support people through this process.”
How do I make a plastic surgery claim?
The first step in pursuing a claim for plastic surgery medical negligence is to find a trusted solicitor with an understanding of plastic surgery negligence claims. When you contact our expert team at Been Let Down, we will discuss your case with you over the phone. By gathering your version of events, and any evidence you can provide, we will determine if you have a potential case for compensation.
The second stage will be to undertake a more detailed assessment of the documentary evidence, such as medical records, contract of services, letters, or emails of correspondence, and check any time limits on the validity of claims. If we are confident you have a solid chance of success, we will advise that we can take on your case.
If you would like further details on how to make a claim, take a look at our medical negligence claim guide.
Plastic surgery claims FAQs
Once we have assessed your claim and decided that you could have a successful case, we will consider various methods to fund your claim. The majority of our cases are taken on a No Win, No Fee basis through what’s called a Conditional Fee Agreement. This simply means that if we are not successful in pursuing your claim, there will be no charge, unless the claim is deemed to be fraudulent, or you have failed to comply with our reasonable requests to pursue your claim.
Should we win your claim, we will take some of our fee from your compensation. This is simply a percentage of the compensation you are awarded, and we will agree this with you beforehand.
Each individual case differs so it is not possible to put an exact figure on the amount of compensation you could receive from your plastic surgery negligence claim. Compensation awarded will depend on the severity of the injury or complications, how it has affected your life, and any financial impact.
There is a three-year limit on making any form of medical negligence claim which starts from the date the negligence occurred, or knowledge a significant injury was caused, if later. However, in some circumstances this may differ. These include claims for children, who have until three years after their 18th birthday to make a claim, and for adults who lack capacity to conduct litigation. There are exceptions and it is important to seek advice about the time limit applicable to your case.
If you are unsure whether you are still within the time limits to make a plastic surgery negligence claim or you are claiming on behalf of someone else, you can contact us to discuss the case.
If you are not happy with the results of your plastic surgery due to negligence, for example, if you were given incorrect information or aftercare advice, then you might be able to make a claim.
However, if you were told of the potential risks and outcomes before undergoing the procedure and you are simply dissatisfied with the results, it is unlikely that you will be able to make a plastic surgery negligence claim.
There can be a few reasons for medical negligence when it comes to plastic surgery. Like any other form of surgical procedure or treatment, things can go wrong due to an inexperienced team, failure to provide correct and full information including risks, or improper aftercare.
If you have suffered negligence due to any of these reasons, you could make a plastic surgery claim. Contact our experts or call us on 0800 234 3234 to discuss your case.
Why choose Been Let Down for your plastic surgery claim?
We have a wealth of experience due to our combined expertise as both medical negligence and professional negligence solicitors. We are available to offer support and legal guidance to anyone who has suffered due to negligent actions in either area. We also:
- Have over 15 years’ experience in medical and negligence claims and strive to secure the best possible outcomes for all our clients.
- Offer No Win, No Fee agreements so if your claim is unsuccessful, you will not need to pay anything. If you win your plastic surgery negligence claim, you will just pay an agreed percentage of your compensation amount.
- Pride ourselves on being accredited with The Law Society Clinical Negligence Panel, accredited Senior Litigators with APIL, the Association of Personal Injury Lawyers, and from being regulated by The Solicitors Regulation Authority.
We’re here to help you
If you have suffered due to complications or an injury post plastic surgery, call us on 0800 234 3234 to discuss whether you have a case to make a plastic surgery negligence claim.
Our experienced and knowledgeable team will explain how a plastic surgery claim works and will arrange an initial consultation. It is also possible to request a call back for a time that suits you, or you can complete our online claims form, both of which are available on our website.
Get in touch today and find out how we can help with your case for plastic surgery claims compensation.
Neil is a qualified Solicitor and Head of the Bolton Clinical Negligence Department at Been Let Down.
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