At The Injury Lawyers, we specialise in most claims for personal injury. We have a dedicated team that assists victims of cosmetic surgery claims, and with the rise in the amount of people having cosmetic surgery nowadays, and given how poorly regulated the industry can be, cosmetic claims are rife!
The PIP breast implant scandal is still fresh in our minds, and we are dealing with hundreds of cases against varying clinics and credit providers. For many it has been an uphill struggle as clinics have selfishly liquidated themselves in order to avoid paying out for a claim.
They have been able to get away with it due to totally inadequate regulation in the industry in the UK. Whilst this may now be improving thanks to government intervention, it doesn’t help those who are already suffering the consequences of poor cosmetic surgery practise.
So if you have suffered as a result of a cosmetic procedure, can you make a claim for compensation?
It’s all about proving that the duty of care owed to you by a clinic or a surgeon /practitioner has been breached.
We must prove that you have negligently suffered, and the burden of proving this is on you as the injured person. All surgery comes with some inherent risks, such as infection or a failed procedure, and these are things that you are normally asked to accept before undertaking such a procedure.
So if you suffer due to a known inherent risk, and this is something you have been warned about, then it could prove very difficult to claim. Suffering due to an accepted inherent risk is not necessarily negligence.
If you were not properly warned about an inherent risk, then there could be a claim for a failure to advise you correctly.
Proving this probably comes down to documentary evidence.
I imagine you have signed something for the procedure, so it would be prudent to check the documentation you have to see what inherent risks you were warned about on paper. You should only really sign something if you are 100% happy with the contents.
So what happens if you suffer because of something else – i.e. something that was not an accepted inherent risk?
If the practitioner made a mistake and this has caused an adverse affect, you may be able to make a claim. Hopefully they will be insured or have the means to pay.
If this is the case, you should contact us and we will see if we can help you out.
We can commonly claim for the following sorts of things:
- Personal injury – for the pain, suffering, and loss of amenity caused to you.
- Cost of rectification – if you are going to be put at a loss as a result of needing further work, we can recover the cost of this for you.
- Losses – such as lost earnings from time of work, medication and treatment expenses, or travel expenses to and from appointments.
Legal fees can also be recovered from the other side as well, so give us a call on 0800 634 75 75 and we will see how we can help you out.
