There is very little difference between claiming compensation for an injury due to cosmetic surgery and medical negligence claims. Both types of legal action have to prove that “at the time and in the circumstances” the cosmetic surgeon demonstrated a poor level of professional skill that resulted in you suffering an avoidable injury.
Both types of legal action also have their “grey areas” – particularly when it comes to what you were told before being asked for your consent to undergo non-emergency surgery, and the psychological trauma that can result from an unfavourable outcome. Also, unforeseeable complications can manifest both cosmetic and general surgery that can result in an unavoidable injury.
Because of the similarities between cosmetic surgery and medical negligence claims for compensation, it is recommended that you speak with a medical negligence solicitor before claiming compensation for an injury due to cosmetic surgery, as a medical negligence solicitor will have the experience and the connections to compile the evidence of negligence you need to make a successful claim.
Making Cosmetic Surgery and Medical Negligence Claims
The process for claiming compensation for an injury due to cosmetic surgery is also very similar. Your solicitor will engage the services of an expert medical consultant to ascertain whether your cosmetic surgeon demonstrated a level of professional skill beneath that general accepted by the medical profession, and that his or her unacceptable level of care caused you to suffer an avoidable injury.
If there is sufficient evidence of medical negligence to support a claim for compensation for an injury due to cosmetic surgery, your solicitor will send a “Letter of Claim” on your behalf to the surgeon´s practise or authority responsible for the standard of care at the surgeon´s practise. The letter informs the recipient that you are making cosmetic surgery and medical negligence claims for compensation, and requests that liability for your injury is accepted and an offer of settlement made within ninety days.
When cosmetic surgery and medical negligence claims are supported by undeniable evidence of malpractice, the acceptance of liability should not be an issue. What may take a little longer to resolve is the settlement of cosmetic surgery and medical negligence claims depending on how much compensation for an injury due to cosmetic surgery is offered, and how much compensation your solicitor calculates you are entitled to.
How Much Compensation for an Injury due to Cosmetic Surgery
The settlement of cosmetic surgery and medical negligence claims is calculated using four main considerations – the physical injury you suffered, any emotional trauma you have been diagnosed as having, the impact that the injury has had on your quality of life, and the financial implications of your cosmetic surgeon´s negligence.
Any physical or psychological injuries have to appear in your medical records before you are able to include them in a claim for compensation for an injury due to cosmetic surgery. Settlements of cosmetic surgery and medical negligence claims for these two considerations are based on figures quoted in the Judicial College Guidelines, which are then adjusted to account for your general state of health before the cosmetic procedure, your age – and in some cases – your gender.
The impact that the injury has had on your quality of life is an important consideration if (for example) confidence issues have affected your work, your ability to socialise or maintain a relationship with your family. Settlements of compensation for an injury due to cosmetic surgery should also account for any financial costs or loss of income you have incurred, plus the cost of revision cosmetic surgery depending on the nature and extent of your injury.
Further Information about Cosmetic Surgery Injury Claims
No two cosmetic surgery and medical negligence claims are the same. Even if you know somebody – or have read about somebody – who has suffered the exact same physical injury as you, the emotional trauma you experience, any deterioration in your quality of life you suffer, and the financial implications of your cosmetic surgeon´s negligence will be completely unique to you.
Consequently, when you speak with a medical negligence solicitor, he or she will ask you to recall the information you were told before you underwent the surgical procedure, describe the injury you sustained, tell them what explanation you have been given for your injury, and provide details of the impact the injury has had on your emotional health and your quality of life.
To help you through this potentially difficult discussion, we have established a Medical Negligence Advice Bureau, which we invite you to call and speak with an experienced medical negligence solicitor. Our solicitor will listen carefully as you explain that circumstances surrounding your injury and then answer any legal questions you may have about making cosmetic surgery and medical negligence claims for compensation.
Please note that all calls to our legal advice service are free of charge and totally confidential. Furthermore, when you speak with a solicitor from our Medical Negligence Advice Bureau, you are under no obligation to claim compensation for an injury due to cosmetic surgery. Our aim is to provide you with the information you need so that you can make an informed decision about whether you have a claim for injury compensation that may be worth your while to pursue.