If you have had cosmetic surgery and something has gone wrong, can we help you out on a No Win No Fee basis?
Our No Win No Fee does exactly what it says on the tin. If we are confident that we can win your case, we can agree to represent you on a No Win No Fee basis. Normally this means that we are confident that we can win the case to the extent that we are willing to waive our legal fees in the event the case doesn’t win. If it doesn’t win, our legal fees are of course not recoverable from the other side. Yes, we incur a loss – but it is our decision as to whether we will work for you on a No Win No Fee basis or not.
We will assess the circumstances and evidence of your claim and make an informed decision as to whether we can assist you or not. Our decision is based upon whether we believe there are reasonable prospects of succeeding with a case. To win a case we generally must prove that you have suffered as a result of negligence. We normally must prove two things:
Breach of Duty – we must prove that the reasonable standard of care that is expected has not been maintained. Common examples when it comes to cosmetic surgery claims are mistakes made by surgeons, failing to warn of potential complications, or failing to provide appropriate treatment. One very important thing to recognise is that there are a lot of inherent risks when it comes to cosmetic surgery. If you suffer as a result of an inherent risk, you may be unable to claim if you were warned about the risk.
Medical Causation – if we can prove that negligence has occurred, we must then prove that the negligence has caused some suffering or adverse affect to you. This is the ‘loss’ that we will claim for – pain, suffering, and loss of amenity. We can also claim for out of pocket expenses and financial losses as well.
A medical expert will generally be able to help us with both of the above. We can instruct a medical expert and we will ask them to confirm if they think negligence has occurred, and if they think the suffering has been caused by the negligence.
It helps us in our decision making process if you have as much evidence as possible so we can fully assess whether we can help you out on a No Win No Fee basis. Call us on 0800 634 75 75 to discuss whether we can help you out.