Every day I am asked via my Blog, Twitter and FaceBook profile about the Law and Cosmetic Surgery, to answer some of the most common questions put to me I have compiled this post with the kind collaboration of a female solicitor from Mercury Legal called Fiona Hedges. Mercury Legal are specialists in negligence cases in Cosmetic Surgery and I have found their approach to be warm, compassionate and helpful for women and men seeking legal advice in this arena. Mercury Legal do not pay me to endorse their service or business and this blog is written independently without any financial exchange from both parties, the purpose of the blog is to purely inform you and support safer cosmetic surgery and aesthetics, which is at the core of all my work and endeavors. If you have any further questions please don’t hesitate to ask.

Question: What types of cases can be claimed for legal compensation in Cosmetic Surgery or Aesthetic Medicine?

This is always a difficult question to answer as we do not want to put people off contacting us simply because their injury/grievance is not mentioned in the answer we provide. Put quite simply, if you think that the procedure or treatment you received was in any way negligent or short of your expectations you should seek legal advice. Virtually all legal firms who specialize in cases of this nature, Mercury Legal solicitors included, will offer a no win no fee service and you will not be charged if you contact them for advice. Please do not be worried about asking silly questions or wasting the solicitors time, that is exactly what we are here for!

We do come across some cases more than others in this category such as breast augmentation and reduction, nose re-shaping (rhinoplasty), tummy tuck (abdominoplasty) and gastric band operations, eyelid surgery (blepharoplasty), liposuction, ear re-shaping (otoplasty) and face lift procedures to name but a few. We also advise on non-surgical procedures including facial peels, botox treatments and dermal fillers. We cannot stress enough that even if your complaint is not mentioned in these examples you should still seek legal advice if you are unhappy in anyway.

The issues which arise from a claim may be in relation to alleged negligent treatment giving rise excessive scarring, poor cosmetic outcome or severe infection. Quite often the negligence may not relate to the actual procedure itself but to the information, or lack of it that you received prior to the treatment or the aftercare and advice you were given.

Question: What is my surgical provider or aesthetic provider fails to rectify an issue I have? What recourse do I have?

It depends what the issue is. In the first instance, always try to sort things out with the surgeon and/or the clinic and if necessary, follow their complaints process. If the issue is in relation to failed expectations then it is extremely important to discuss this with the surgeon/treatment provider. It may be that revision surgery or treatment is required or the complaint could arise from a consent issue. However, this is a diverse area to cover and would need to be considered on individual merit to consider whether there is a potential claim for breach of contract or negligence.

Our advice here may seem rather contradictory as we recommend above that you try to resolve the issue with the treatment provider before resorting to legal action but at the same time we would also encourage you to contact a solicitor as early as possible in the process, time limits do apply for bringing an action and the sooner we are involved the easier it is to start gathering evidence while the facts are fresh in everyone’s memory. It could well be that initially we simply give you some informal advice but agree to contact you at a future date to see if the issue has been resolved as opposed to taking on your case immediately but at least you have the peace of mind of knowing that you have someone on your side you can turn to for help.

Question: Can I sue a Doctor for consistently performing Botox which has left me with a droopy eye?

It depends whether the doctor encouraged the patient to have Botox consistently performed and what advice you were given about the potential risks. The Doctor has a duty of care to their patient to advise on the process, how many treatments are recommended and over what period, etc? and if the treatment provider believes that the risks are too high after considering all the facts they should refuse to carry out the procedure. Droopy eye is a well known complication that can arise from Botox injections and the treatment provider is not only under a duty to carry out the procedure itself with all due care but also to make sure that the pre and post treatment advice is full and accurate. It is absolutely vital that you know what the potential risks are before you consent to any procedure or treatment and if they are not fully explained to you may have a claim for negligence.

Question: I am not happy with the outcome of my surgery and even after “attempted correction” has been made by the surgeon I am still not happy what can I do for legal compensation?

It depends on a number of issues. If you are unhappy because the surgery was not carried out correctly or as specified then you may have a negligence claim, even if you have had further surgery which has successfully rectified the problem. The very fact that you had to go through a second procedure to rectify the problem may be sufficient to claim compensation even if you are happy with the final results.

A far greyer area is that of known or frequently occurring risks associated with the surgery you chose and we have to consider what was discussed with you pre-operatively in terms of the serious or common problems which may arise from the operation and how expectations were managed. Revision surgery may be listed as being required if the surgery does not turn out as expected initially. Essentially this may be a consent issue and would have to be assessed on individual merit.

Question: I slipped and fell in an aesthetic clinic and damaged my arm after routine botox injections who is liable for this can I claim compensation?

If you slipped on a spillage then a couple of issues to consider, what is the system of inspection within the clinic? Was this acted upon reasonably? Where the spillage has been left in situ despite an opportunity to inspect, a claim may be brought under the Occupiers Liability Act. More often than not we will only be able to obtain information about the system of inspection in place and the risk assessment procedure by writing formally to the clinic on your behalf and obtaining disclosure of their records. A legal protocol does apply to cases of this nature and so in most instances we are able to obtain the documents and a decision on liability within a reasonably short period of time.

Question: I have had to take time of work because an aesthetic treatment I had left me unable to face the public after two weeks of treatment?

Again this is very much dependent upon the reason why you felt unable to go out in public. If it was because something went wrong with the treatment due to the act, omission or negligence of the treatment provider then you may have a claim which will not only take into account the actual pain and suffering but also the fact that you may have lost income due to being unable to work. If however it is a known risk or side effect of the treatment that it will take some time to recover then we may need to look at what the patient was advised of pre-operatively in terms of recovery, what complications could have arisen from the treatment would determine whether there is a potential claim. The case would have to be considered on its own merit but once again it highlights the fact that it is absolutely vital that the treatment provider gives the patient the full facts before the treatment is carried out, simply asking you to sign a piece of paper authorising your consent DOES NOT protect them from legal action.

Question:I believe I have been permanently scarred or disfigured after an aesthetic treatment what are my legal rights?

Scarring is a risk of any surgery where an incision is made into the skin and can also incur with less invasive procedures where chemicals or other substances come into contact with the body. The extent of the post-operative scarring will depend on your skin type, the type of surgery/procedure performed and other factors such as whether you are a smoker (which can delay healing). Such cases are considered on an individual basis and it is all but impossible to give general, cover all advice on such a broad issue but we would reiterate that you should seek legal advice as soon as possible, not simply to see if you are entitled to financial compensation but also so that we can try and ensure that you get the corrective treatment you require to either improve the scarring and lessen its appearance.

Question: Can I sue a beauty therapist who claims she had enough experience to inject my face yet left me with droopy eyebrows after Botox as a result of her lack of training?

If a therapist claims to have enough experience/qualifications and it is subsequently found this is not the case then there may well be a legitimate claim. However as some beauty treatments do not actually require any formal training or experience as they are unregulated it is important that you try to get as much information about your treatment provider before you consent to any procedures. Do not be afraid to ask them questions before you consent to the treatment such as:- How much experience do they have? Do they have insurance to cover any incidents that may happen? Do they have any formal qualifications or training relevant to the treatment they are providing? Can they give any references or examples of satisfied patients they have treated? Very few, if any, treatments are completely risk free and it is important that you take as much risk as possible out of the equation by making reasonable enquiries before agreeing to undergo any procedure, Botox or otherwise. If you do suffer an injury as a result of the treatment any promises or claims about training and experience that the provider made to you beforehand could form vital evidence.

Even if you did not make any enquiries before the procedure you should still seek legal advice if you are unhappy with the treatment you were given. Just because large parts of the beauty industry are unregulated it does not mean that those individuals or organisations who cause injury are able to walk away scott free, if they have acted negligently in terms of the information or lack of information they provided or in relation to their actions during the procedure you may still be able to commence legal action.

Question: I had botox injections in my beauty therapist?house/converted garage is this safe and legal?

A number of beauty therapists are one man bands and work either from their own homes or will come to your home to carry out the treatment this does not mean that they are in any way incompetent or not to be trusted in the same way that visiting a plush private clinic does not guarantee you will be 100% safe and risk free. Again you should do your research before agreeing to treatment ask questions about their insurance, their training, their experience and so on. Those who truly care about their profession will be more than happy to answer all of the questions you might want to ask and indeed expect you to put such questions to them, if anything they may think it strange if you don?t! Do not fall into the trap of assuming that because treatments such as Botox are relatively common place they are without their dangers and similarly do not be fooled by glossy brochures and expensive advertisements seemingly promising risk free procedures. Procedures such as Botox can make a huge difference to how you feel about yourself and your self-confidence and it is not our intention to either encourage or discourage anyone from undergoing such treatments but we do urge you to do so armed with all the facts so you make an informed decision not only about the treatment but also about the individual you chose to carry out the procedure.

Question: I have lost faith in my cosmetic surgeon or doctor what legal rights to I have to pursue and unfinished work/treatments/surgery?

You may be able to bring a claim for breach of contract and or negligence depending upon the circumstances. It all really depends upon why you have lost confidence in your doctor or surgeon, sometimes it could be something as simple as a breakdown in communication that has left you unsure what is happening and a discussion with the doctor can be sufficient to remedy the situation. This is not always the case however and if you feel that you have a grievance against the surgeon or clinic that cannot be rectified then it is important that you seek legal advice as soon as possible. Not all cases are due to medical negligence, sometimes it could be that they have failed to act within a certain time frame, they have tried to increase their fees or some other non-medical issue that has caused you to question if you want to continue using them and the dispute could be contractual rather than medical. Some treatments are time critical and so while we do believe that litigation should be the last resort, not the first, you should still contact us as soon as you think there is a problem so you can get the advice you need and hopefully we can help resolve the situation quickly and to everyones satisfaction.

With Kind thanks to; Mercury Legal Copyright: Antonia Mariconda