Cosmetic Surgery Claims

Cosmetic Surgery Claims*Solicitors

Cosmetic surgery, while often leading to satisfactory outcomes, can sometimes result in unforeseen complications and injuries. When a cosmetic procedure goes wrong due to substandard care, it can cause significant physical and emotional distress. If you have suffered as a result of medical negligence during cosmetic surgery, Sherwin O’Riordan Solicitors are here to help you understand your rights and pursue the compensation you deserve.

What types of cosmetic surgery errors can result in a medical negligence claim*?

Medical negligence occurs when a healthcare provider’s act or omission deviates from accepted standards of practice within the medical community, leading to patient injury. In the context of cosmetic surgery, this can manifest in various ways, including:

• Insufficient Information on Risks: You were not adequately informed about the potential risks associated with your procedure.
• Substandard Treatment: The surgery itself was not performed to the expected professional standard.
• Defective Products: A faulty or damaged product, such as a breast implant, was used during your surgery.
• Inadequate Aftercare: You did not receive the appropriate post-operative care, leading to complications.
• Unexpected Injuries: You suffered nerve damage, severe scarring, or other injuries that were not anticipated or properly managed.
• Surgical Errors: Mistakes were made during the surgical procedure itself .
• Poor Results: The outcome of the surgery was significantly worse than reasonably expected, causing further issues.

The consequences of such negligence can be devastating, impacting both your physical health and emotional well-being. Pursuing a cosmetic surgery compensation claim can help you secure funds for corrective treatments, ongoing medical care, and necessary counselling

Our medical negligence experts could help you make a compensation claim.

The Process of Making a Cosmetic Surgery Claim*

Navigating a medical negligence claim can be complex, but with the right legal support, the process can be streamlined. Here’s a step-by-step overview of how Sherwin O’Riordan Solicitors can assist you:

1. Contact a Specialist Solicitor: The crucial first step is to seek assistance from a solicitor specializing in medical negligence. They will provide guidance and help determine if your injury resulted from a healthcare provider’s negligence. Sherwin O’Riordan LLP has extensive experience in this field, ensuring sensitive and clear communication throughout the process.
2. Gather Medical Reports: Your solicitor will require copies of all relevant medical records from your GP and any hospitals you attended. These records are vital for building your case. Based on expert medical opinions, your solicitor will prepare a detailed medical report outlining the extent of your injuries and their impact on your life, which serves as key evidence.
3. Assess Damages and Draft Claims Letter: Expert consultants will help assess the full scope of your damages. Your solicitor will then draft a formal letter of claim addressed to the involved parties. Damages can include “special damages” such as past and future loss of earnings, lost pension, costs of care, property adaptations for mobility issues, equipment, medical treatment, therapies, and any other financial losses directly attributable to the negligence.
4. Settlement Negotiations: Your solicitor will initiate settlement negotiations with the medical practitioners or their insurers. Depending on their response, the claim may be settled out of court through mediation or proceed to a full court hearing. While every case is prepared for trial, out-of-court settlements are often pursued to achieve the best possible outcome efficiently.

Time Limits for Medical Negligence Claims*

It is critical to be aware of the statute of limitations, which sets legal time limits for initiating a claim. Generally, legal proceedings for medical negligence must be issued within two years from the date of the negligent act, or two years from the date you became aware that your illness or injuries were caused by a third party. It is imperative that proceedings are commenced before this statutory deadline.

Common Types of Cosmetic Surgery Claims*;

Breast Augmentation and Reduction Malpractice Claims*

Breast surgeries, including augmentations (implants), mastopexy (lifts), and reductions, are among the most common procedures resulting in litigation. Claims often arise from “asymmetry,” where the breasts are of significantly different sizes or shapes post-operatively, or “capsular contracture,” a painful tightening of the scar tissue around an implant. Legal disputes also frequently involve “implant rupture” or the use of substandard materials. If a surgeon fails to warn a patient of the specific risks associated with different implant types, it may constitute a failure of informed consent.

Read more on Breast Surgery Negligence Claims –

Breast Surgery Negligence Claims

Rhinoplasty (Nose Reshaping) Complications Claims*

Rhinoplasty is a technically demanding procedure where even minor errors can lead to significant aesthetic and functional issues. Common grounds for claims include respiratory difficulties (breathing obstruction), septal perforation, or a “polly beak” deformity. Because the nose is a central facial feature, the psychological impact of a “botched” rhinoplasty is often a major component of general damages in courts.

Facelifts and Blepharoplasty (Eyelid Surgery) Claims*

Claims involving facial rejuvenation often centre on nerve damage and scarring. In facelift procedures (rhytidectomy), damage to the facial nerve can lead to permanent paralysis or loss of sensation. Blepharoplasty claims frequently involve “ectropion,” a condition where the lower eyelid is pulled away from the eye, or the inability to close the eyes fully (lagophthalmos), which can lead to corneal ulceration and vision loss.

Liposuction and Body Contouring Claims*

Liposuction and “tummy tucks” (abdominoplasty) carry risks of contour irregularities, such as skin bunching or “shelving.” More severe claims involve “visceral perforation,” where the surgical cannula punctures internal organs, or “fat embolism syndrome,” which can be fatal. Negligence may be found if the surgeon removed an excessive volume of fat in a single session, exceeding safety guidelines established by professional bodies like the Irish Association of Plastic Surgeons (IAPS).

Laser Treatments and Chemical Burns Claims*

Non-surgical cosmetic interventions, such as laser hair removal, Intense Pulsed Light (IPL) therapy, and deep chemical peels, are frequent sources of injury claims. These often involve second or third-degree burns, permanent hyperpigmentation (darkening of the skin), or hypopigmentation (loss of skin colour). Liability is often established by showing a failure to perform a “patch test” or the use of incorrect settings on the laser equipment by untrained staff.

Failure of Informed Consent

A significant portion of cosmetic surgery litigation revolves around the doctrine of informed consent. Surgeons have a legal duty to disclose all “material risks”—risks that a reasonable person in the patient’s position would consider significant. If a patient undergoes a procedure and suffers a known complication that was not disclosed during the pre-operative consultation, the practitioner may be held liable even if the surgery itself was performed with technical competence.

Calculation of Damages

Compensation is divided into “General Damages” for pain, suffering, and loss of amenity, and “Special Damages” for quantifiable financial losses.

Frequently Asked Questions:

What is Medical Negligence?

You can trust Sherwin O’Riordan to engage with you sensitively and discuss the steps involved in straightforward terms. Our extensive experience in the field of medical negligence will help you achieve the best possible settlement, whether in or out of court. Contact our compassionate team to discuss making a claim.

Ph: 01 663 2000

Contact us today through our online contact form.

At Sherwin O’ Riordan, you are never just a case number. You are a person with a story, and we make sure it is heard.

* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.