Making a cosmetic surgery compensation claim.
The BBC has reported that the number of cosmetic surgeries taking place in the UK has returned to pre-pandemic levels and continues to increase. The number of surgeries rose 102% from 2021 to 2022, with 93% of all surgeries being performed on women.
The most common cosmetic procedures were:
- Breast Augmentation
- Tummy Tuck
- Liposuction
- Rhinoplasty
- Blepharoplasty
- Gynecomastia/Chest Reduction
- Otoplasty (ear correction)
While the majority of patients are happy with the outcome of their surgery, an increasing number of patients are left dissatisfied with the results, and many are turning to the law for redress.
Our specialist team of lawyers deal with negligent cosmetic surgery compensation claims nationally and operate a free legal helpline that anyone considering a claim can contact for free initial guidance.
Here some of the most common issues our team deals with on a day-to-day basis.
Choosing your surgeon
Clients often tell us they had a ‘bad feelings’ about their surgeon before the procedure was carried out. Others say their surgeon made them feel uncomfortable or dismissed their concerns, but they did not know what to do.
Our advice to anyone who is about to undergo cosmetic surgery is to do your homework and look up your surgeon in advance.
The GMC register is a resource available to the public to check the status of a surgeon and view their history. If their license has ever been suspended or investigated there will likely be information regarding this in their record.
You can also contact the British Association of Aesthetic Plastic Surgeons (BAAPS) and the British Association of Plastic, Reconstructive and Aesthetic Surgeons (BAPRAS) to make sure that your surgeon is qualified and has no ongoing investigations.
If your chosen procedure does not involve surgery, you can check whether the provider is CQC registered and there are other online registries and resources you can use to check qualifications such as the Nursing and Midwifery Council.
You can also check review websites such as Google, Realself, and Trust Pilot.
Know what to expect
Do your research into the procedure you have chosen. When heading into your consultation, ensure you know what is involved, and what complications commonly arise. Prepare questions about aftercare and what you should expect. Some particularly important points to raise would be:
- Your desired outcome/look. Create a mood board or take inspiration photos to show your surgeon.
- What procedures are available and how do the results vary?
- Is there anything about you that would impact the success of your surgery, or the likelihood of side effects?
- What aftercare will you need and how should you prepare for this?
- How likely is the need for revision or replacement in the future?
- What are the risks and complications?
- What happens if there are complications during the surgery?
What to do if you are unhappy with the result
If you find that the result is not what you wanted or discussed with your surgeon, there are several options available to you.
In the first instance you could approach the surgeon for a frank and honest conversation to understand your procedure and how you have ended up with the unsatisfactory result. With some procedures the ‘settlement time’ can be over a year and your surgeon may suggest that a ‘watch and wait’ approach be adopted.
If the dissatisfaction continues following the healing stage then you may require revision surgery. The cost of this may be covered by the surgeon, but this is not guaranteed and payment of additional costs should be discussed during the initial consultations pre-surgery. You may wish to seek a second opinion if you and your surgeon cannot agree.
In some cases the poor result and the surgeon’s response can lead to a breakdown in the relationship. Trust between surgeon and patient is key, and in the event this is lost, it may be time to consider a new surgeon.
If your surgeon did something wrong and their response is inadequate then you should consider making a formal complaint to them and the hospital where they performed your surgery. If you believe the actions of your surgeon could be considered misconduct then you may wish to explore a complaint to the GMC, CQC or other board.
Making a complaint may provide some moral satisfaction or lead to an apology, but it will not provide you with compensation.
In addition to compensating you for your ‘pain and suffering’, compensation can be used to fund corrective surgery or pay for therapy to assist you in dealing with the physical and emotional implications of negligent treatment. Usually, the only way to obtain a proper level of compensation is to take or threaten legal action. Our team of cosmetic surgery lawyers are experienced in dealing with claims of this nature. They will be happy to provide a free review of your claim and details of No Win No Fee funding.
If you would like to make a cosmetic surgery compensation claim then contact the experts today.