What is cosmetic surgery?
Cosmetic surgery, also known as aesthetic surgery, is a specialised branch of medicine focused on enhancing a person’s appearance through surgical and non-surgical procedures. These procedures can target almost any area of the body to enhance the patient’s appearance and, often, their self-confidence.
Cosmetic surgery is extremely popular in the UK, with common procedures including facelifts, breast augmentation, liposuction, rhinoplasty, and Botox® injections.
According to reports from the International Society of Aesthetic Plastic Surgery, the number of cosmetic procedures performed worldwide increased by 11.2% in 2022 compared to 2021. This includes over 14.9 million surgical and 18.8 million non-surgical procedures performed globally in 2022.
In 2023, the total number of cosmetic procedures, including both surgical and non-surgical, reached approximately 34.9 million.
Steps to mitigate risks in cosmetic surgery
As with any surgery, cosmetic procedures carry inherent risks. While it is impossible to eliminate all potential complications, you can significantly reduce the chances of issues arising by taking proactive steps.
It is advisable to thoroughly research the following aspects before proceeding with treatment.
- Ensure your surgeon is registered with the General Medical Council (GMC).
- Check with the British Association of Aesthetic Plastic Surgeons (BAAPS) and the British Association of Plastic, Reconstructive and Aesthetic Surgeons (BAPRAS) to verify your surgeon’s qualifications and complaints history.
- Verify that the clinic or hospital has a license to perform the treatment.
What if things do go wrong?
If you have undergone a medical procedure that you believe fell below the acceptable standard (i.e. was negligent) then you could potentially have a claim. This applies to both NHS treatments and private treatments.
Examples of this could be failure to adequately advise you, the patient, of the risks associated with the treatment you were given; foreign objects left in the body, surgery to the wrong part of the body etc.
Burden of proof
It will be up to you, the Claimant, to prove negligence on the part of the surgeon. In relation to negligence, you must prove that the negligent surgeon acted in a way that no other reasonable surgeon would have, with evidence showing it was more likely than not.
How long do you have to make a claim?
You have three years from the date of knowledge in which to bring a claim. Therefore, the sooner you speak with a lawyer the better. As always, we recommend doing a letter of complaint to the surgeon/ doctor expressing your concerns. It is also recommended that you document everything from consultations, date of surgery, follow up appointments, further treatment, receipts of medication etc. as we can build a chronology and potentially recover any out-of-pocket expenses.
Can I claim if I had the work done abroad?
Unfortunately, it is becoming increasingly common for people to seek cheaper cosmetic treatments abroad. However, should an issue arise from surgery undertaken outside of England or Wales then we would be unable to assist.
Can we help?
We offer a no win, no fee scheme, so if you have recently had cosmetic surgery and think you have a claim, or simply need some advice, please do not hesitate to contact our Dispute Resolution team at Fisher Jones Greenwood LLP on 01245 890110 or by email at [email protected]. You can also complete the enquiry form on this page.
Disclaimer: As every case is different the information provided in this blog is for general informational purposes only and does not constitute legal or medical advice. While every effort has been made to ensure the accuracy of the content at the time of writing, it should not be used as a substitute for professional advice or consultation with qualified professionals. If you are considering cosmetic surgery, it is crucial to seek the advice of licensed medical practitioners and thoroughly research your options.
Additionally, if you believe you have been affected by medical negligence, you should consult with a qualified legal professional to discuss your specific situation. The information provided here does not establish a client-professional relationship, and the authors or publishers are not liable for any actions taken based on this information.