Claiming compensation for nerve damage during cosmetic surgery is not as straightforward as many people may think. As with any type of surgery, there is a risk of injury when undergoing plastic surgery, and you should be advised of these risks before consenting to undergo a procedure. When injuries occur that you have not been warned about, or that could have been avoided with greater care, only then will you be able to make claims for cosmetic surgery nerve damage.
In order to make claims for cosmetic surgery nerve damage, you must have sustained nerve damage that you were not previously advised may be a consequence of the procedure, that “at the time and in the circumstances” was avoidable, and that was due to a poor professional performance which fell below the standard of care generally accepted by the medical community.
Similar to most medical negligence claims, claims for cosmetic surgery nerve damage are rarely black and white. There are many issues that may affect your eligibility to claim compensation for nerve damage during cosmetic surgery, and because of the grey areas that surround claims for cosmetic surgery nerve damage, it is recommended that you speak with a solicitor on our Medical Negligence Advice Bureau at the first practical opportunity.
The Biggest Issue is “Informed Consent”
One of the biggest issues concerning compensation for nerve damage during cosmetic surgery is what you may have been told prior to giving your consent for the plastic surgeon to conduct the procedure. Before any medical procedure that is not an emergency, it is important not only that a medical practitioner gets their patient´s consent, but that they get their patient´s “informed consent”.
This means that if you were told nerve damage was a possible consequence of the procedure you were about to undergo – and you gave your consent knowing this – a claim for compensation for nerve damage during cosmetic surgery is unlikely to be successful. Alternatively, if you were not told about the risk of nerve damage during the procedure, the plastic surgeon has not obtained your informed consent.
In terms of claims for cosmetic surgery nerve damage, the failure of your plastic surgeon to obtain your informed consent will entitle you to claim compensation for nerve damage during cosmetic surgery even if your injury could not have been avoided “at the time and in the circumstances”. Informed consent is a complicated point of law, so please ask a solicitor to explain it to you if you are unclear about anything.
Making Claims for Cosmetic Surgery Nerve Damage
To determine if you are eligible for compensation for nerve damage during cosmetic surgery, your solicitor will want to see a copy of your consent form and then is likely to organise an examination of your injury by an independent medical expert. The independent expert will look for any signs of negligence by your plastic surgeon and compile a report for your solicitor.
If sufficient evidence of negligence is found – or you have suffered an established nerve damage injury without having given your informed consent – your solicitor will send a “Letter of Claim” to the plastic surgeon´s practise. The letter will advise the practise that you are claiming compensation for nerve damage during cosmetic surgery and invite an offer of settlement.
The settlement of claims for cosmetic surgery nerve damage is based on a number of factors. The physical pain and any quantifiable psychological injury you have suffered will be taken into account, along with the future pain you will suffer if you have to undergo revision surgery. You will also be entitled to compensation for nerve damage during cosmetic surgery for the impact the injury has had on your quality of life and for any related costs you have incurred as a result of the negligent surgery – or any related costs you may incur in the future.
Further Information about Compensation for Nerve Damage during Cosmetic Surgery
No two claims for cosmetic surgery nerve damage are identical – not only because of the varying degrees of physical injury that can be sustained, but also because the emotional trauma and the impact that the injury has on your quality of life will be unlike anybody else´s experience.
Because it is important to obtain individual advice about claiming compensation for nerve damage during cosmetic surgery, we have established a Medical Negligence Advice Bureau that you are invited to call with any legal questions you may have about making claims for cosmetic surgery nerve damage.
All calls to our Medical Negligence Advice Bureau are completely confidential and, by taking advantage of our service, you are under no obligation to proceed with claims for cosmetic surgery nerve damage. The purpose of our service is for you to have your options explained to you in plain English so that you can make an informed decision about whether you have a claim for compensation for nerve damage during cosmetic surgery that may be worth your while to pursue.