Cosmetic Surgery Claims

Cosmetic Surgery Claims

Cosmetic Surgery Claims

The number of people undergoing cosmetic surgery has increased in recent years. With this escalation has come an increase in complaints and claims for compensation when the surgery does not turn out as expected.

The impact of cosmetic surgery going wrong will often be far more wide reaching than standard surgery. Often the patient will have paid a large amount of money to have the surgery done privately, and the patient will have high expectations for the outcome.

As with any procedure, the surgeon must obtain informed consent from the patient. This requirement often raises a conflict of interest. If the patient is made fully aware of all the risks of surgery, they may decide not to go ahead with the procedure, and will not therefore part with their money.

The surgeon should always establish the patient's reason for the surgery and be clear what the patient hopes to achieve. The surgeon should also explain very clearly in full the possible risks, complications and outcomes. A surgeon may also be open to criticism if he fails to contact the patient's GP or conduct a full physical and psychological assessment beforehand. It is in the surgeon's interest to do this.

Trying to establish the standard of care to which a patient is entitled when they undergo cosmetic surgery is often difficult. It will usually depend on the type of surgeon and what information and leaflets the patient is given beforehand.

The relationship between patient and surgeon can cause further problems. This is different to the normal patient/surgeon relationship, as here the patient is usually paying privately for the treatment, creating a contract. The company employing the surgeon will often claim the surgeon is an independent contractor, meaning that any claim would have to be brought against the surgeon personally. This can cause further problems, particularly if the surgeon lives abroad, or is not insured and has no assets to claim against.

More commonly nowadays, cosmetic surgery is advertised and conducted abroad. The patient can purchase a package from the internet that includes flights, hotel and surgery, as well as time for the patient to recover abroad. Packages like this will be covered under the Package Travel, Package Holidays and Package Tours Regulations 1992. Under these regulations, if the surgery goes wrong, the patient can make a travel claim by suing the package provider.

As more people turn to cosmetic surgery, the burden on surgeons to ensure the patient is thoroughly informed and consented is ever increasing.

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