Cosmetic Surgery Claims

Our lawyers are experienced in helping clients who have suffered a poor outcome from cosmetic surgery through negligence obtain maximum compensation. We understand the physical and emotional impact that this can have.
 

We can help with claims across all areas of cosmetic surgery, such as breast augmentation, rhinoplasty (nose surgery), blepharoplasty (eyelid surgery), liposuction and abdominoplasty (tummy tuck) including where:

• The surgery was not completed properly leaving an inadequate cosmetic outcome.
• A defective product was used.
• There were failings in aftercare such as a post-operative infection not being properly picked up and treated.
• Insufficient information was provided about the procedure and the associated risks. 
• The surgery caused nerve damage.
• Injury was caused during the surgery such as a perforated organ.
• There was a retention of medical instruments or swabs causing injury.

Cosmetic surgery compensation

As with all claims for medical negligence, the amount of compensation that can be obtained in a successful claim will depend upon the extent of the injury suffered and the impact of this. However, awards for cosmetic surgery negligence will often include the cost of any corrective surgery that may be required, counselling if a psychological injury has been suffered and sums for any financial losses such as lost earnings.

If you or a family member is concerned about cosmetic surgery they have had, please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. We gather all the relevant evidence and work closely with leading expert surgeons to assess the strength of a claim.

We then work with further experts to consider a client’s long term needs and the full amount of compensation required.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

How long do I have to bring a cosmetic surgery claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period.

For adults, the usual rule is that a claim must be formally started at Court within three years of the date on which the negligence occurred, or the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that your injury was caused by negligence. 

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the injured person’s needs, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage. In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read our Guide to Making a Claim.

 

Can claims be brought in relation to private and NHS medical treatment?

Yes. Where treatment was provided through the NHS, the claim is usually brought against the responsible NHS organisation (such as the Hospital Trust or Primary Care Trust). 

Where the treatment was privately funded, the claim is often brought directly against the private hospital, or the private medical practitioner, that provided the treatment.  Hospitals and private practitioners are typically insured or indemnified for negligence claims.

 

Will my case be decided by the Court?

Probably not.  The vast majority of personal injury and medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings. 

Occasionally, the Court will decide a case, if it cannot be resolved any other way. 

 

Can I make a 'no win, no fee' cosmetic surgery claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not usually have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• APIL (Association of Personal Injury Lawyers)