Can I Make a Cosmetic Surgery Injury Claim? Your Checklist

Cosmetic surgery is more popular than ever before. Women and men seek all manner of treatments and procedures looking for younger skin, better looking bodies, and more attractive features. It is easier than ever to find a cosmetic surgeon to carry out your procedure of choice. And payment options are more flexible, putting cosmetic surgery within the reach of the ordinary working woman or man. The British Association of Aesthetic Plastic Surgeons says over 43,000 cosmetic surgeries took place in 2012. But unfortunately the ease with which you can get cosmetic surgery often hides the fact that it is still surgery – any surgery or medical procedure brings risks, whether it is completed for health or aesthetic reasons. And while some issues may be genuine mistakes, other times things go wrong because surgeons and therapists do not take their duty of care seriously or they fail to put the correct safety procedures in place to protect patients. In these cases, when surgery goes wrong, you have a legal case against the clinic or the salon. Find out whether you can make a legal claim if you suffered an injury, with this quick guide.

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1. Was it Negligence?

The most common problems connected with cosmetic procedures include issues with dermal fillers, Botox injections, breast enlargement and reduction, liposuction, and nose jobs. If you can prove that the procedure was in any way negligent then you have a legal claim. This means if the therapist or the surgeon was not properly trained in the procedure, if they did not concentrate on the procedure or made mistakes because they were not focused, if they did not carry out the appropriate safety tests and checks, or if equipment malfunctioned due to poor upkeep or misuse.

2. Did the Negligence Result in Significant Injury?

If the negligent procedure resulted in physical or psychological injury that affected you on a long term basis then you most likely have a legal claim. Injuries from cosmetic surgery that result in psychological or emotional harm include scarring, facial disfiguration, uneven breasts, numbness in the face, lack of movement in the facial muscles, and infections.

3. Can You Demonstrate This Was the Case?

Claims for compensation require evidence that negligence caused injury. You need to demonstrate that the treatment you received was below the standard that could be reasonably expected, and that the issue resulted in suffering. Having evidence of injuries, for example, medical records and photos helps in bringing a case. You also need to make sure that your claim is submitted in the correct way – this is why it is vital you contact specialist cosmetic surgery solicitors as soon as you can after the incident occurs. Your compensation claim will depend on the extent of your injuries, the type of injury, and the circumstances under which the injury took place. In all cases, if you are unsure whether you should make a claim then it is important to contact a solicitor who will be able to advise you on the correct route to take to make a claim.

Image courtesy of Ambro / FreeDigitalPhotos.net

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