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There were almost 31,000 cosmetic surgery procedures undertaken in the UK in 2016 alone. The range of both surgical and non-surgical procedures is constantly evolving and changing, and the market for enhancement procedures is full of eye catching imagery and bold promises of the ‘perfect’ body, face, head of hair or set of teeth.
It is easy to overlook the fact that any cosmetic procedure, including non-surgical (or ‘non-invasive’) treatments, have inherent risks associated with them. When cosmetic surgery goes wrong you can be left with significant physical scarring, whilst having to deal emotionally with the fact that your treatment may have left you feeling worse about your appearance than before the surgery.
Understandably, the effects of complications can be far-reaching and can affect your entire way of life. Notwithstanding the emotional and physical impact of negligent cosmetic treatment, corrective or remedial treatment can also be hugely expensive.
Any medical practitioner (whether private or NHS) owes their patients a duty of care. If they have failed to uphold this duty of care and your cosmetic surgery has gone wrong due to negligence, pursuing a clinical negligence claim can lead to obtaining the compensation you need to get your life back on track.
Just as there are countless cosmetic surgeons promising you the results you want, there are many different solicitors firms offering clinical negligence representation. It is extremely important that you have the right lawyer behind you when making a clinical negligence claim. This ensures that you have the best support and guidance through what can sometimes be a very daunting process.
When choosing a solicitor, you want to know that the team behind your claim have all the necessary knowledge to make things as clear and simple as possible for you. Our clinical negligence solicitors, for example, are specialists in cosmetic surgery claims with in-depth knowledge and experience of the field. We have years of experience winning cases for our cosmetic surgery clients, and understand the specific medical and legal intricacies of different cosmetic procedures.
Your lawyer will always be available to answer any questions and keep you fully informed on your claim, ensuring you recover the compensation you deserve.
Although not an exhaustive list, some of our specialisms include:
And you can rest assured that you’re getting some of the best legal advice available: the team is ranked in the top tier by both leading Legal Directories (Legal 500 and Chambers) and several individual solicitors are ranked as Leaders in the field. We are also independently accredited by The Law Society, The Association of Personal Injury Lawyers (APIL) and Action against Medical Accidents (AvMA), so you can be sure that your case will have the best chance at success.
If you feel that you have undergone negligent cosmetic surgery (including ‘non-invasive’ procedures) please contact us and we will be able to discuss your situation further and answer any questions you may have.
If you think that your medical practitioner or surgeon has not provided you with the reasonable duty of care that is required, and you have suffered harm or financial loss as a result, you may have a claim in clinical negligence.
If you are having ongoing treatment, making a claim should not impact any future treatment you receive.
Please give us a call to discuss your situation further, and we will be able to answer any questions you may have.
The most common way to fund a claim is to enter into a Condition Fee Agreement (CFA), also known as a ‘no win no fee’ agreement. Alternatively, you may have a legal expenses insurance policy that covers clinical negligence claims (even if you are not aware of having this).
However, the main thing to be aware of is that if your case is viable, we will always ensure that there is a way of funding it. We will help you find the funding method that best meets your needs, and make every effort to keep costs down at every stage. Find out more about ways to fund your claim here.
The amount of compensation awarded for clinical negligence depends on many different factors, and is different for every case. However, there are two broad parts to the compensation awarded:
It is worth noting that if the link between the cost claimed and the negligent treatment cannot be proven, the court will not award the damages. It is the claimant’s responsibility to prove the link for each element of the damages that are claimed.
Again, this depends on the individual facts of each case, although as a rule of thumb, most simple claims should be dealt with within 18-24 months.
However, the length of any claim will be affected by factors such as whether you need further treatment, whether the input of medical experts is needed, whether the other side denies or admits fault, and ultimately whether the claim ends up in court. Your solicitor will be able to assess your case on an individual basis and let you know a more accurate estimation of how long the claim should take.
We were contacted by our client after her negligent cosmetic dental treatment by three different dentists at the same practice.
Our client spent a lot of money in order to achieve a smile makeover, but rather than obtaining the aesthetically pleasing smile she had been promised, her teeth were over-prepared. Essentially, this means that far too much healthy tooth tissue was removed in advance of fitting cosmetic veneers and crowns. As a result, our client suffered infections and bone loss, and required numerous extractions. Our client required a protracted coursed of treatment to put things right, including root canal treatments and the fitting of multiple implants.
Ben Lees, an Associate Solicitor with a particular specialism in cosmetic dentistry claims, acted on her behalf and recovered £55,000 in compensation for her injuries. This is one of the highest settlements that has been awarded in a case of this kind, and covered her original outlay as well as the cost of her remedial treatment.
Our client decided to have orthodontic braces fitted in order to obtain straighter teeth ahead of her upcoming wedding. However, the braces were fitted in a way that applied excessive force to her teeth, resulting in the need for the client to have multiple root canal procedures.
This protracted ordeal left our client in a lot of pain, and resulted in her suffering psychological damage for which she required therapy.
Ben Lees, Associate and specialist in cosmetic dentistry claims, successfully brought a claim in negligence and contract, and argued that the treating dentist had been ‘unjustly enriched’. This way our client was able to obtain her original treatment costs as well as the costs of future treatment to put things right.
Ben Lees, Associate in our London office, negotiated a £25,000 settlement for our client who had contacted us complaining that the treatment undertaken by his dental practitioner had been entirely inappropriate and had left him with persistent pain.
Our client was led to believe that through orthodontic treatment his practitioner could solve or significantly reduce other medical issues, such as back and neck pain, posture, uneven eye levels, the position of his ears and leg length discrepancy.
Undergoing this wholly inappropriate and unnecessary treatment carried out over a two-year period left our client with the need for lengthy and costly remedial treatment on his teeth, as well as an overjet and overbite which needed a qualified orthodontist to correct.
Despite the clear complexities of the case, Ben Lees brought claims in negligence and contract against the Defendant, and was able to negotiate a settlement that covered the costs of the original treatment, and the remedial treatment