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You are in: Home Page | Personal Injury | Medical Negligence Claims | Clinical Negligence Articles and Clinical Negligence Factsheets | Cosmetic Surgery

March 2010

COSMETIC SURGERY

Cosmetic surgery is increasing and ranges from implants to facelifts to weight reduction to dermabrasion and chemical peeling. Whenever anything goes wrong it is distressing with high hopes turning into resentment and regret at having had the procedures which have left them disfigured or injured.

Generally this surgery is undertaken in the private sector and under contract with the patient having “chosen” their surgeon usually through media advertisements. There is government regulation of cosmetic surgery clinics. Unlike plastic surgery however, the GMC does not hold a specialist register for cosmetic surgeons.

You will usually be initially seen by a sales person who is usually not qualified. Whilst advice is given warnings or risks might not as that would put the patient off. In a case that Thompsons pursued the issue was the failure by the clinic sales representative to allow sufficient time for the patient to consider the proposed treatment. The Guidelines recommend that there is a 2 week window between the consultation and operation to allow the patient to properly consider the risks and benefits.

As cosmetic surgery is designed to meet your individual requirements the surgeon should find out what you want and make appropriate recommendations. The surgeon should not just undertake the surgery you seek unless they are satisfied it is appropriate. They are required to explain the risks to you, the possible complications and outcome and whether future surgery may be required. For some procedures, counselling may be required prior to agreeing to perform surgery.

What goes wrong

Surgeons advise that the commonest cause for complaint is disappointment and they stress that the surgeon who guarantees a certain result should be treated with caution as a perfect result cannot be guaranteed. Sometimes things can go wrong which is not the fault of the surgeon and are recognised risks of that particular procedure for example complications from a face lift may be bleeding, some nerve injury, skin damage and problems of wound healing and scars. It would be a matter of expert evidence to advise as to whether the problem that you have is as a result of negligent treatment or an acceptable risk of that procedure. Sometimes there are medical reasons why the surgeon could not achieve the “ski slope” nose or a specific breast size. This is quite different from the dispute between surgeon and patient as to whether the result was what had been agreed/planned.

Who do you pursue?

As most cosmetic surgery is undertaken privately, the issue will be whether the surgeon is at fault, or the clinic on the basis that you made your agreement with the clinic and not the surgeon. Whilst some people go to specific surgeons through recommendations, others are attracted by advertisements or literature. In those circumstances, the contract is usually made with the clinic.

When things go wrong you should complain to the clinic or if it is NHS, through the NHS complaints procedure. Sometimes the clinic will attempt to say that the surgeon was an independent contractor and not covered by the clinic’s insurance. Sometimes the surgeon lives abroad and as a result there are problems in taking court proceedings or pursuing judgments where there is no insurance. Some people are attracted to advertisements of surgery abroad which imposes further complications although you might be able to argue that the surgery comes under the regulations covering package holidays. In a case that Thompsons pursued the UK clinic had failed to check the credentials of the surgeon from abroad and as a result they were negligent for allowing the surgeon to treat their patient.

Common claims are in relation to breast augmentation where the breasts are not symmetrical following surgery, pain, lumpiness and leakage. Common facelift claims run by Thompsons are where the tissue has not healed well with constant scabbing and bleeding with pain. There have been cases where stitches have erroneously been left in situ.

Nasal surgery known as Rhinoplastly is where the nose is reshaped to remove lumps and undesirable cosmetic appearance. Problems arise with breathing post operatively and in the most severe cases, alar cartilage collapse and may require revision rhinoplasty. However most cases handled are in relation to dissatisfaction with the result and changes to the nostrils.

If you have experienced an injury similar to that described above, it is advised that you contact Thompsons solicitors for assessment of your Clinical Negligence case. You should contact Thompsons as quickly as possible due to the strict time limits in place to make a Clinical Negligence claim. If these time limits are not adhered to, the right to make a claim may be lost.