Cosmetic Surgery Errors Claims
If you have experienced physical injuries or psychological trauma as a result of poor cosmetic surgery due to the negligence of a cosmetic surgeon, you may be entitled to a compensation claim.
What are cosmetic surgery errors?
The market for cosmetic surgery has increased significantly in Ireland over the last few years; what was once an area of medical negligence reserved for celebrities or wealthy persons, has recently become more accessible, affordable, and as a result, more prevalent in Irish society
With this growth of the market in Ireland, we have also seen a rise in the number of medical practitioners claiming to be specialist cosmetic surgeons – quite often, though, this is not the case. There have been a plethora of new clinics in Ireland offering cosmetic surgery with most people locating these providers online where low prices are used to entice potential customers.
Lack of regulation of cosmetic surgery in Ireland
The lack of adequate regulation of the industry in Ireland has not helped matters in this regard. In response to the ongoing concerns expressed in relation to the safety and quality of cosmetic surgery procedures in Ireland, the Irish Medical Organisation, 2010, issued a guidance paper entitled ‘Recommendations for patients considering surgical cosmetic procedures.
This document is a good place to start for anyone considering cosmetic surgery in Ireland and we would advise anyone considering the same to read it by clicking on the hyperlinked text.
As well as reading that, the Irish Medical Council would also recommend that prospective patients consult a registered plastic surgeon. To do this, you can verify a doctor’s qualifications and check if a doctor is on the specialist division of the medical register by using the Medical Council’s ‘Search for a Registered Doctor’ facility where you can search by name as well as registration number.
Common medical negligence claims involving cosmetic surgery include, but are not limited to
- Injury or poor outcome from laser eye surgery
- Injury or poor outcome from permanent or semi-permanent makeup.
- Breast augmentation or breast reconstructive surgery resulting in scarring, injury, or poor outcome
- Liposuction procedures resulting in scarring or injury
- Injury or poor outcome from rhinoplasty or any procedures on the face
- Injury or poor outcome from abdominoplasty or tummy tuck
- Face Lift procedures resulting in scarring or injury.
- *Dental Negligence (please see our dedicated page on this topic)
It should be remembered that even relatively ‘small’ procedures, which may not be conducted by invasive techniques can nevertheless cause pain, discomfort and/or serious health problems if they are not carried out correctly.
‘Fast’ cosmetic treatments available such as botox injections, dermal fillers,, and laser treatment are sometimes carried out by establishments selling these procedures for what are relatively low rated but the reality is that they are not monitored, regulated, or controlled and huge caution should be exercised.
A good cosmetic surgeon will
- Be suitably qualified as a cosmetic surgeon.
- Inform you of the benefits of cosmetic enhancements.
- Discuss the risks with you in detail.
- Outline the alternatives available to you.
- Give you a cooling-off period whilst you think about the best course of action for you.
- Perform the procedure in question with proper skill and due care
Caveat Emptor – ‘Buyer Beware’
- Even the most straightforward procedure can cause very serious problems if negligently performed resulting in numerous and very serious types of injuries including severe pain and discomfort, permanent disfigurement, and, in very extreme cases, death. If you have had a substandard cosmetic procedure or have had avoidable post-operative complications you may be entitled to pursue a medical negligence compensation claim.
- Your doctor must inform you of the risks involved. Only a fully informed patient can make an informed decision as to whether or not you wish to go ahead with a procedure. If you were not fully advised of the risks prior to your procedure you may be entitled to claim compensation and you should contact our team without delay.
- One of the first steps in processing your claim will be to engage an independent medical expert to review your medical records and/or examine you for the purposes of furnishing an expert medical opinion. The expert opinion is used to support your claim and will need to show that the injury, loss and damage suffered by you could have been avoided if a more appropriate course of action had been taken. As with all personal injury claims, there are strict time limits to be adhered to and we would again advise anyone with any questions or doubts to contact us for a free, confidential and consultation over the phone.
The claim process
1. Consult our medical negligence solicitor
It is advisable for you to speak to an experienced team of Medical Negligence Solicitors as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care, which resulted in you sustaining an injury or illness.
2. We obtain your medical records
After the consultation with your medical negligence solicitor, he/she will request access to your medical records and engage an independent medical expert to assess your records. The purpose of engaging an independent expert is to establish whether there was any negligence on the part of the medical professional.
3. The medical negligence litigation process
Where the independent medical expert is of the professional opinion that medical negligence did occur, upon your instructions, your solicitor will commence the process of issuing legal proceedings in Court against the medical professional and/or hospital.
Statute of Limitation
The legal time limit to make a medical negligence claim is two years from the date of injury or date of knowledge that the injury or illness resulted from medical negligence. For children/minors, the time limit expires two years after their 18th birthday. You may contact a solicitor to discuss your case to advise of the Statute of Limitations applicable to your case.
- Have you had a surgical procedure that did not turn out as it should?
- Have you been left in pain, or do you continue to suffer from physical discomfort or physical scarring?
- Have you been misdiagnosed or had a delayed diagnosis of cancer or another serious illness affecting your health?
Any injury suffered during a medical procedure, whether it is physical or psychological, may have long-term effects on the victim and their families. Our medical negligence solicitors have assisted many clients in recovering maximum damages, and we believe in putting the needs of our clients first.
Coleman Legal LLP
84 Talbot Street, Dublin 1
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