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Cosmetic Surgery Claims

In 2014, The British Association of Aesthetic Plastic Surgeons (Baaps) reported that there were 45,406 surgical procedures in the UK, a fall of 9% from the 50,122 performed in 2013.

The top 10 procedures for 2014 were:

1. Breast augmentation 8,619
2. Eyelid surgery 7,752
3. Face and neck lifts 6,402
4. Breast reduction 5,528
5. Liposuction 4,627
6. Nose jobs 3,690
7. Fat transfer 3,155
8. Tummy Tucks 2,713
9. Brow lifts 1,978
10. Ear Correction 942

However, whilst all surgical procedures have risks, the rise in claims involving “botched” cosmetic surgery, suggests that these types of procedures put patients at a higher risk.

The top three most common enquiries for potential clinical negligence claims are:

1. Breast, including:
a. Breast augmentation ( enlargement);
b. Breast mammoplasty ( reduction);
c. Breast mastopexy ( breast lift);
d. Gynecomastia ( male breast reduction).
e. Fat transfer

2. Nose reshaping, including:
a. Rhinoplasty reduction;
b. Rhinoplasty augmentation;
c. Septoplasty.

3. Liposuction, including:
a. Stomach;
b. Hips;
c. Thighs;
d. Buttocks.

When things go wrong it can have a significant effect, both physically and mentally. As most cosmetic procedures are elective, (that is to say a patient chooses to undergo the procedure), many people are left feeling guilty and vulnerable, when things go wrong.

Carlos Lopez, head of the clinical negligence team at Vincents Solicitors stated, “ The decision to undertake a surgical procedure is a significant one. People should be fully informed of the risks and understand the potential consequences of what they are undertaking. Patients should never be afraid to question the surgeon performing their procedure. Don’t be scared to ask how many procedures they have done and what there failure rates are. If you are having a surgical procedure make sure the surgeon is a member of the British Associate of Aesthetic Plastic surgeons. If you are having a non surgical procedure, use a reputable practitioner and do your research, assessing experience, competence and reputation. This is an unregulated industry. Don’t let the price of the procedure be your deciding factor. “

In recent years, the cosmetic industry has been affected by the PIP breast implants scandal, which left many women seriously ill and in need of revision surgery.

“I have represented clients affected by failed augmentation surgery and was involved in the PIP breast implant group litigation. I was successful in recovering damages against the surgeon responsible, but no amount of compensation can make up for the psychological scarring and worry that my clients have gone through” stated Carlos Lopez.

Why use Vincents’ Clinical Negligence Team?

It’s important to seek specialist advice. Vincents’ clinical negligence team have over 30 years of dealing with medical errors and negligence claims, including group actions, such as the Alder Hey organ retention litigation and the PIP breast implant group claims. We understand the need to act with sympathy and understanding.

Our goal is to get you answers and where necessary, the correct treatment. We work with some of the countries leading medical experts and barristers to investigate your case.

We aim to recover damages for your pain, as well as losses, such as travel expenses, specialist or private treatment costs, loss of wages, nursing care costs, specialist accommodation and specialist equipment.

“Remember, if you are having cosmetic surgery privately, the surgeon will need to have his own insurance. Ask the surgeon for the details before you have the procedure done. If your surgery is performed on the NHS, then there is no need to enquire about insurance” commented Denise Singleton, a litigation executive in the Vincents Clinical negligence team.

What will it cost me?
We will always discuss funding options with you before starting your case. In many cases, we will act on a “no win, no fee” basis and our aim is to ensure that we remove the financial risks of bringing a claim. You should also check any car, household or credit card insurance to see whether you already have legal expense insurance. If you are uncertain, contact us and we will make the enquiry for you.

Will I need to go to court?

In many claims; no. We will investigate your claim and contact the defendants before any court action is taken. We will keep you fully advised and any attendance at Court, if needed, will be at least 2 years after commencement of your claim, if at all.

It’s important to ask your solicitor how long they have been dealing with clinical negligence claims and how many cases they have been involved in.

Carlos Lopez and Olivia Robinson are regulated by the Solicitors Regulation Authority (SRA) and have been involved in hundreds of claims over many years. Carlos is also a member of APIL, an associate of the Royal Society of Medicine and a member of the Law Society’s Personal Injury accreditation panel.

A list of members of the British Association of Aesthetic Plastic Surgeons, can be found on the Baaps website, www.baaps.org.uk

Other Vincents’ services you may find of interest are:

• Wills
• Court of protection
• Inheritance planning
• Powers of attorney

 

For any enquiries regarding Cosmetic Surgery Claims please contact our Clinical Negligence Solicitors department on 0800 310 2000
Or enquire online here.