A Guide To Cosmetic Surgery Compensation Claims

Cosmetic surgery is becoming increasingly popular across the country. According to the British Association of Aesthetic Plastic Surgeons (BAAPS), there were 31,057 cosmetic procedures in 2022. This was an increase of 102% from the previous year. Whilst the majority of these procedures will be carried out successfully, this is not always the case. In a small number of instances, people could be harmed, and medical negligence could occur. In these cases, you could make a claim for cosmetic surgery compensation.

Negligent cosmetic surgery could leave you suffering from scarring, disfigurement, chemical burns, hospital acquired infections and even difficulty breathing. In this guide, we look at when and how you could make a cosmetic surgery negligence claim. We also look at how cosmetic surgery negligence could happen and how you could prove your claim. Finally, we provide examples of how compensation is calculated and look at how a No Win No Fee solicitor from our panel could help you. We close our guide by looking at additional resources.

To learn more about making a claim for cosmetic surgery negligence, please get in touch with our team.

  • Call an advisor now on 020 3870 4868
  • Use the live support chat below.
  • Or to begin a claim online, please complete our form.

A doctor carries out a cosmetic procedure.

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What Is Cosmetic Surgery?

Before we look at when you could make a cosmetic surgery claim and at what medical negligence claims are, we will discuss cosmetic surgery. According to the Royal College of Surgeons England, cosmetic surgery (also called aesthetic surgery) is a medical procedure used to change a person’s physical appearance. This is done for aesthetic purposes.

Whilst surgery may be carried out for aesthetic purposes, it may still provide patients with health benefits. These benefits could be physical and psychological. Such surgery may also include functional components.

Examples of cosmetic procedures could include;

  • Breast implants or breast augmentation.
  • Rhinoplasty.
  • Abdominoplasty (tummy tuck).
  • Liposuction.
  • Eyelid surgery.
  • Browlift surgery.

In addition to cosmetic surgery, people can access non-surgical procedures such as dermal fillers and botox. These may also be known as beauty treatments.

Examples of non-surgical cosmetic procedures include;

  • Botox.
  • Dermal fillers.
  • Chemical peels.

If you have suffered a cosmetic injury following any of these procedures, please get in touch with our team.

What Is A Cosmetic Surgery Compensation Claim?

A cosmetic surgery claim is a way to claim compensation for substandard cosmetic surgery. They are a type of medical negligence claim.

All medical professionals, including cosmetic surgeons, surgical staff and those providing beauty treatments have a duty of care to their patients. In order to claim, you must show that medical negligence has occurred.

For treatment to be classed as medical negligence, you must show that the care provided fell short of expected professional standards. This may include failing to meet standards of care as set by the Royal College of Surgeons England. A negligent cosmetic procedure could include you developing physical and psychological injuries.

We must make note that there can be instances in which the treatment provided may have caused harm, but where negligence did not take place. In such instances, claims may not be made. This is because there are risks of having medical procedures.

The criteria to make a claim are that;

  1. You were owed a duty of care by the medical professional whose care you were under.
  2. This medical professional failed to meet their duty to you. This may mean that they provided treatment which fell short of professional standards.
  3. You were harmed due to the negligent treatment.

If you meet these criteria, you could be eligible to claim cosmetic surgery compensation. To check your eligibility to claim, please contact a member of our team.

A cosmetic surgeon and assistance carry out eyelid surgery.

How Could Negligent Cosmetic Surgery Lead To A Claim?

Following on from the section above, there are many different ways in which cosmetic surgery negligence could cause you harm. Below, we look at some examples of when you could make a cosmetic surgery negligence claim.

  • Poor care in a hospital during surgery or aftercare leads to you contracting a hospital-acquired infection.
  • Anaesthetic negligence. The wrong dosage of anaesthetic could lead to anaesthetic awareness, where patients are aware of surgery taking place. In some instances, the wrong dose can also be fatal or lead to serious injuries.
  • Poorly performed surgery which causes you avoidable and unnecessary harm, e.g. the surgeon leaves an item, such as medical gauze, inside you after surgery.
  • A failure to sterilise equipment leads to an infection.
  • Adverse reactions to medication or drugs you had indicated you were allergic to. Or you were not asked about your allergies.

These are just some examples of when you could claim cosmetic surgery compensation. For more information about cosmetic surgery claims, please contact our team.

How Long Do I Have To Claim Cosmetic Surgery Compensation?

If you intend to claim for negligent surgery, it is important that you do so in the correct time frame. Whether claiming against an NHS or private hospital or clinic, you must do so within the applicable time limit.

When making any type of medical negligence claim, you have three years in which to do so. This period is set out in the Limitation Act 1980. The three-year period is taken either from the date of the negligent cosmetic surgery procedure or the date you became aware that negligence happened, including that you suffered harm.

Failing to begin a cosmetic surgery negligence claim within this time limit could lead to your claim being time-barred.

However, there are exceptions to this time limit. For example, where the person harmed by plastic surgery was under 18 at the time of the cosmetic procedure. In this case, the three-year time limit does not begin until the claimant turns eighteen. The time limit will end when they turn 21.

Prior to this, a litigation friend may claim on behalf of the child for any harm caused by a cosmetic surgery procedure. If a litigation friend does make a claim, the affected person could not make a subsequent claim on turning 18.

A further exception to the time limit is where the claimant does not have the mental capacity to claim on their own behalf. As with those under the age of 18, a litigation friend may make a claim on their behalf. In such instances, the time limit is suspended indefinitely. It will only be reinstated if and when the claimant regains their mental capacity.

Our team could advise you on how long you have to claim cosmetic surgery compensation. Get in touch today.
A nurse reaches for surgical instruments.

What Do I Need To Claim For Negligent Cosmetic Surgery?

Whether you are claiming following negligent treatment by a medical professional during plastic surgery or any other procedure, you need to provide supporting proof. Medical negligence claims must meet a high bar of evidence.

When proving medical negligence claims, you need to show what went wrong, what harm this caused you and who was at fault. Types of evidence which could support a cosmetic surgery negligence claim may include;

  • Your medical records. These can show who treated you and when. They should also detail what treatment you underwent and your injuries. They should also contain details of any corrective surgery required.
  • Correspondence. Any correspondence between you and the medical professional you are claiming against (such as your cosmetic surgeon) could show where you were incorrectly advised.
  • Letters of complaint. If you have made a complaint or reported a doctor for medical negligence, these and any follow correspondence can be used as evidence in your claim.
  • Photographs. These may show any visible harm caused by cosmetic surgery procedures. If possible, you may document the progress of your injury over time. For example, this may show the progression of any scarring over time.
  • Financial records. In order to claim compensation for the financial impact the injury had on you, you will need to submit evidence. You may submit copies of records such as wage slips, invoices or bank statements.

For advice on how to prove your claim for cosmetic surgery compensation, please contact our team.

How Much Compensation For A Cosmetic Surgery Claim?

How much cosmetic surgery compensation you could claim will depend on several factors. These include what harm you suffered, how severe this was and what impact this had on you. Due to this, no two claims are the same. Each settlement is unique.

Successful cosmetic surgery negligence claims may be awarded two heads of claim. These are compensation for your physical and psychological injuries (general damages) and those for financial losses (special damages).

When calculating general damages, a solicitor may refer to the Judicial College guidelines (JCG). The JCG contains guideline amounts for how much different injuries may be awarded.

Below, we look at examples of such figures. All figures are taken from the JCG, excluding the first which illustrates what you could be awarded with special damages.

Compensation Examples

InjurySeverityCompensation Guideline
Multiple Injuries With Significant Financial LossesSerious£1,000,000 +
Brain and Head InjuryVery Severe£344,150 to £493,000
Moderately Severe£267,340 to £344,150
Moderate (i)£183,190 to £267,340
Eyes/VisionTotal BlindnessIn the region of £327,940
Complete Loss of Sight in One Eye£60,130 to £66,920
Facial ScarringVery Severe Scarring£36,340 to £118,790
Less Severe Scarring£21,920 to £59,090
Significant Scarring£11,120 to £36,720
Other ScarringSingle Noticeable Scar Or Several Superficial Scars£2,890 to £9,560

Please contact our team for a more accurate assessment of how much cosmetic surgery compensation you could claim.

Can I Claim For Financial Losses Caused By Negligent Cosmetic Procedures?

As discussed earlier in this guide, you could be awarded compensation for the financial impact your injuries have caused you.

Special damages could include compensation for;

  • The cost of corrective surgery and/ or other medical treatment required.
  • The cost of medication.
  • Lost income and earnings.
  • The cost of professional care in the home or in a care facility.
  • The cost of getting to and from medical appointments.

In order to include these or any other costs as part of your claim, you will need to provide evidence of such losses.

Contact us to learn more about the cosmetic surgery claims process and to find out how much you could be owed.

Claim For Negligent Surgery Using A No Win No Fee Solicitor

If you have been harmed by negligent cosmetic surgery, you could claim compensation with a No Win No Fee solicitor from our panel. By claiming on a No Win No Fee basis, your claim could be handled through a Conditional Fee Agreement (CFA).

Under this type of agreement, no payment will be required to be made for your solicitor’s services until the successful resolution of your claim. This means you do not need to pay either in advance or whilst the claim is in progress for the solicitor’s fees.

Instead, at the end of a successful claim, you will pay a success fee. This fee is a legally capped percentage of your compensation. It will be automatically deducted from your award by the solicitor. You will keep the bulk of your compensation.

For more information, please;

More Resources About Medical Negligence Claims

You can read more about making a cosmetic surgery claim in our related guides and other resources below.

Further resources

Thank you for reading our guide to making a claim for cosmetic surgery compensation. If you have any further questions on cosmetic surgery claims, please contact a member of our team today.