subject: Legal Advice On Poor Quality Cosmetic Surgery [print this page] Cosmetic surgery is booming in the UK among both women and men as procedures become better understood,more socially acceptable,better value for money,and more widely available.The industry is now worth over 1 billion a year, up from 250,000 as recently as 2005,and continues to grow at around 25% a year. Simultaneously the number of compensation claims handled by lawyers is rising at an even faster annual rate, as private clinics compete ferociously with each other for business and cut corners in the process. This has created a situation where many clinics are ill-equipped to perform many of the procedures they offer.Many surgeons are either under-qualified,or simply do not perform enough of the particular procedures they offer each year to justify calling themselves specialists.These factors have been highlighted in the September 2010 National Confidential Enquiry into Patient Outcome and Death (NCEPOD) report, which exposed a number of startling shortcomings in the industry.
One of the major problems with cosmetic clinics is their failure to provide patients with sufficient pre-treatment information and aftercare.Those contemplating cosmetic surgery should have an extensive consultation with their surgeon at least 2 weeks prior to their operation.This should examine the reasons for the surgery and exactly what aesthetic result the prospective patient is looking to achieve.A medical assessment should be conducted to establish any pre-existing conditions or medication which may make surgery inappropriate, and this should include contact with a patient's GP.The risks and likely outcome of surgery should be fully explained so that an informed decision can be made as to whether or not to proceed.This is the reason for the 2 week cooling off period.The NCEPOD report found that up to a third of cosmetic clinics did not offer this cooling off period,and more worrying still over half the clinics from whom information was requested failed to respond.In terms of aftercare patients are often discharged with no instructions as to how to care for their wounds, and no facilities for them to return if problems arise.
The majority of compensation claims that lawyers handle on behalf of cosmetic surgery patients relate to unsatisfactory results.Poor communication between surgeon and patient often creates expectations which are not realised.More seriously patients may be left with asymmetrical or uneven results which cause emotional trauma due to perceived disfigurement. This may then require costly corrective surgery. Patients may also experience ongoing physical pain or functional damage.A breast implant may be the wrong size resulting in constant discomfort,or poorly manufactured causing it to rupture. If a nerve is severed during a facelift operation partial paralysis may be caused. Often patients are left with excessive scarring following an operation which will again require corrective surgery. Internal bleeding and wound infection are two other rarer but potential complications.
While cosmetic surgeons are regulated by The Care Standards Act, this only came into force in 2002, and does not apply to surgeons practising before that date. Non-surgical cosmetic procedures such as collagen injections and laser treatments are completely unregulated.Despite this state of affairs patients have a basic legal right to expect that their surgery will be performed in a reasonably competent manner.A surgeon will be judged against the standards of their fellow professionals to determine what is 'reasonable'. Injured persons may claim damages for both physical and emotional pain and suffering, as well as loss of earnings, medical costs and sundry expenses. Claims for medical negligence against a cosmetic clinic or surgeon will normally be handled on a no win no fee basis, so there will be nothing to pay win or lose.
