Medical Negligence

How Botched Plastic Surgery Claims and Compensation Work

People choose to have cosmetic surgery for a number of reasons, a common one being that it will improve some part of themselves. Therefore, it is not an unreasonable assumption to make that you will be getting a good result from your cosmetic surgery.

But what happens when plastic surgery goes wrong? If you have been the victim of a plastic surgery gone wrong you should consider looking into a medical negligence claim.

Read on to learn what happens when plastic surgery goes wrong and your next steps.

Reasons to make a cosmetic surgery negligence claim

The following situations or injuries can be a valid reason for people to make medical negligence a claim.

  • There was a breach of duty of care
    Your surgeon has a duty of care to you and is therefore required to act in accordance with established rules and provide the best communication and diagnostic skills. This means making sure that you understand what the procedure entails and any possible side effects of it.
  • Your surgeon was unlicensed
    Unlicensed or unspecialised surgeons should not be performing cosmetic surgeries. If you have reason to believe that your surgeon was not qualified, you must look into cosmetic surgery negligence claims and notify a lawyer immediately.
  • Your procedure resulted in unreasonable damage
    Cosmetic surgeries can often result in a number of implications which may make your original issue worse. However, some injuries such as excessive scarring, nerve damage or sagging skin are not a usual consequence and can be the result of medical negligence.
  • Your surgery was not performed in a hospital/clinic
    Cosmetic surgeries performed outside of hospitals or clinics can be a warning sign for questionable plastic surgeons. Your surgery should be performed in an environment that has all the right equipment to handle any complications that may arise.
  • Your anaesthesia or medication was not correctly administered
    Incorrect prescriptions, painkillers or dosages are not to be taken lightly and are considered medical negligence. Failure to check preexisting conditions before administering medications is also negligent behaviour.

What do you need to prove?

Successful cosmetic surgery negligence claims are able to prove that any injuries suffered post-surgery could have been avoided if the surgeon had acted within their duty of care.

Consulting with medical negligence compensation lawyers will give you a good idea of your likelihood of success before beginning a claim. Botched plastic surgery claims may need you to provide a number of documents to strengthen your case, which experienced compensation lawyers can help you with.

What will your compensation cover?

Cosmetic surgery compensation can cover a number of losses for the victim. These include:

  • Loss of earnings
  • Medical expenses
  • Physical and psychological harm
  • Any home care expenses relating to the injuries

You will need to provide receipts, invoices and any other documentation proving your losses. Good compensation lawyers are essential in this process as they can calculate exactly how much you are entitled to and then make sure you receive as close to this amount as possible.

When can you make botched plastic surgery claims?

There are strict limits for making medical negligence claims. Generally, you have three years from when the injury occurred to make a claim but it some cases, you may not notice the injury for a long time. In these cases, it is three years from when the injury is noticed by the person. You can also receive an exemption from this time restriction if you can prove one of the following:

  • You were not aware of the cause of the injury
  • The injury was caused by malpractice on your surgeon’s behalf
  • You were not able to identify the person responsible for your injuries until recently

Keep in mind that even if you have a valid reason to request an extension, you may not get approval. So be sure to act quickly as soon as you suspect medical negligence.

How much will it cost?

If you are not in a position to pay legal fees upfront, you may want to consider a no win, no fee lawyers. A no win, no fee lawyer allows clients to have cosmetic surgery negligence claims represented for free up until the resolution of the case.

If your case if successful you will be required to pay the full amount of your fees, which can be covered by your compensation. If you are unsuccessful, you may be required to pay a reduced amount of legal fees.

 

When pursuing botched plastic surgery claims, it is important you have the best legal representation so that your case has a good chance of success. Contact Schreuder for a free consultation with our experienced compensation lawyers.

 

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