Before I discuss this matter further it is important to make the important distinction between “plastic surgery” and “cosmetic surgery“; the former is when you are returning something to normal whereas “cosmetic surgery” is improving upon the norm.
So for example; if you had suffered horrific burns and you were looking for a skin graft this would be classed as “plastic surgery” whereas if you wanted to improve on the appearance of your face by way of a facelift, this would be classed as “cosmetic surgery”.
This blog will focus (as the title suggests) on plastic surgery however, there is plenty of advice on cosmetic surgery in our other blogs and therefore if you are concerned about cosmetic surgery negligence I will re-direct you now by clicking this link. Other categories of surgery also include reconstructive surgery, restorative surgery and aesthetic surgery.
So plastic surgery- this type of surgery has been around for longer than cosmetic surgery as it is act of restoring something to normal and is primarily done on the National Health Service rather than privately (unlike cosmetic surgery which is dominated by the private sector!)
The most common reason for claiming for plastic surgery is for dissatisfaction with results and therefore they can be very difficult claims to be successful in. You would have to prove that there was some type of negligence that caused the result to be below par.
For example; if the skin graft does not look like it should (perhaps is bumpy, “patchwork” or just generally not pleasing) it may be that the surgeon has not been as careful as they should be or have perhaps not taken enough skin from the area to be transferred.
This is a rough example and as I am not a medical practitioner I cannot say whether this is or is not possible but the reason I have written about this is to emphasise my point that something must have been done incorrectly to cause an injury rather than it be an “inherent risk”.
Another big area that is brought in plastic surgery claims is to do with consent.
For example; were you advised as to alternative treatment? Were you informed of significant risks with the procedure? Was certain information disclosed to you as the patient? Was the information communicated? Were written materials provided?
These are all things that might rebut that you have consented to surgery and therefore have not consented to have the result. For example; if it was not communicated to you (properly!) that there may be side effects and that there was a different route that did not carry this side effects, you may be able to claim for compensation.
These are complicated claims and therefore it is important to seek the help of a surgery specialist who can assess your individual circumstances and advise whether you can claim compensation. These things should be started as soon as possible to ensure all medical evidence and witness information is gathered at the earliest opportunity. It is also usually helpful for a complaint to have been made to the place where treatment was provided.
We have a dedicated team that are ready to advise you on your plastic surgery compensation query and therefore if you think that you may have a claim do not hesitate to contact us.
