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, 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
Irelands lack of adequate industry regulation has not helped matters in this regard.
In response to ongoing concerns about the safety and quality of cosmetic surgery procedures in Ireland, the Irish Medical Organisation issued a guidance paper, Recommendations for patients considering surgical cosmetic procedures, in 2010.
This document is a good place to start for anyone considering cosmetic surgery in Ireland.
We advise anyone considering the same to read it by clicking on the hyperlinked text.
In addition to reading that, the Irish Medical Council recommends 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 and registration number.
Common cosmetic surgery errors
- 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 invasive techniques may not conduct, can nevertheless cause pain, discomfort and/or serious health problems if they are not carried out correctly.
Fast cosmetic treatments, such as Botox injections, dermal fillers, and laser treatments, are sometimes carried out by establishments offering these procedures at relatively low rates.
Still, the reality is that they are not monitored, regulated, or controlled and immense 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 while thinking about your best action.
- Perform the procedure in question with proper skill and due care
Caveat emptor: buyer beware
Even the most straightforward procedure can cause severe problems if negligently performed, resulting in numerous and severe 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 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 about whether to go ahead with a procedure.
If you were not fully advised of the risks before your procedure, you may be entitled to claim compensation, and you should contact our team without delay.
One of the first steps in processing is to engage an independent medical expert to review your medical records and/or examine you to furnish 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 consultation over the phone.
Cosmetic surgery errors claim process
1. Consult our cosmetic surgery error solicitor
It is advisable for you to speak to an experienced team of cosmetic surgery error 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 cosmetic surgery error 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 determine whether the medical professional was negligent.
3. The litigation process
Where the independent medical expert is of the professional opinion that medical negligence did occur, as you instructed, your solicitor will begin issuing legal proceedings in Court against the medical professional and/or hospital.
Time limit
The legal time limit to make a cosmetic surgery error claim is two years from the date of injury or date of knowledge that the injury or illness resulted from a cosmetic surgery error.
Frequently Asked Questions
Is cosmetic surgery regulated in Ireland?
Ireland does not have a dedicated licensing or accreditation regime specifically for cosmetic surgery.
A person advertising cosmetic surgical procedures is not required to hold any specific cosmetic surgery qualification beyond general medical registration.
However, a practitioner who is performing surgical procedures must be registered with the Medical Council of Ireland under the Medical Practitioners Act 2007.
Patients can check whether a practitioner is registered by searching the Medical Council’s online register at medicalcouncil.ie.
If a practitioner is not registered and performs a surgical procedure that causes harm, the legal position is more complex, but a claim may still be possible.
What are the most common cosmetic surgery errors in Ireland?
Common cosmetic surgery errors in Ireland include
- Asymmetry or disfigurement following rhinoplasty;
- Implant rupture, displacement, or capsular contracture following breast augmentation;
- Contour irregularities,
- Scarring, or infection following liposuction; nerve damage or loss of sensation following any facial procedure;
- Complications from anaesthesia administered by an unqualified or unsupervised practitioner; and
- Adverse reactions to fillers or Botox administered by non-medical staff.
The legal position varies depending on the nature of the cosmetic surgery error, the practitioner’s qualifications, and whether the patient gave fully informed consent.
What is the role of informed consent in a cosmetic surgery error claim?
Informed consent is central to many cosmetic surgery error claims.
Before carrying out a cosmetic procedure, the practitioner has a legal obligation to explain the material risks of the procedure, the realistic expectations for the outcome, and the alternatives available.
The Medical Council of Ireland’s Guide to Professional Conduct and Ethics sets out the standards required.
If a patient was not told of a material risk that subsequently materialised, this may ground a claim even if the surgical technique was otherwise standard.
Inadequate informed consent is frequently an independent element of a cosmetic surgery error claim.
Can I claim if my cosmetic procedure was carried out abroad?
In some cases, yes.
If you had a cosmetic procedure carried out in another country and suffered harm as a result, the legal position depends on where the claim must be brought and under which jurisdiction’s law.
Where the practitioner or clinic was based in an EU member state, there may be options for bringing a claim in Ireland or in the country where the procedure was performed.
Our cosmetic surgery error solicitors can advise on the applicable rules and whether a cross-border claim is viable in your circumstances.
How long do I have to make a cosmetic surgery error claim in Ireland?
In Ireland, the general limitation period for a personal injury claim arising from a cosmetic procedure is two years from the date of knowledge under the Statute of Limitations (Amendment) Act 1991.
The date of knowledge is the date on which you first knew, or ought reasonably to have known, that your injury was caused by the error or negligence of the practitioner.
For some cosmetic complications, such as capsular contracture or nerve damage, the harm may develop over time, and the date of knowledge may be later than the date of the procedure itself.
