Cosmetic Surgery Medical Negligence *
Cosmetic surgery is becoming ever more popular in Ireland and is often a decision that is not taken lightly by a person who wants to change part of their appearance or in some cases is necessary following an injury or in pursuit of the correction of a disfigurement to improve their self-esteem. Regardless of the reason why a person chooses cosmetic surgery or plastic surgery – medical negligence and physical and emotional stress that comes with it is not something that the patient should have to worry about.
It is important to note that there can be a difference between a plastic surgeon and a cosmetic surgeon. The Medical Council has a register of specialists in plastic and reconstructive surgery. Having said that, one must realise that any doctor on the general register in Ireland can brand themselves as a ‘cosmetic surgeon’ which can leave patients to inadequate aftercare and in turn open to medical negligence. Many people in the field would consider this to be misleading and in some cases potentially dangerous. To use the term ‘plastic surgeon’ a doctor must undergo advanced specialist training.
We appreciated that you will have thought long and hard about this surgery and the costs associated with a cosmetic procedure is considerable, this is why before you choose a surgeon it is advisable to check with the Medical Council of Ireland as to whether or not he or she is a registered specialist in plastic surgery, you could also check this with the Association of Plastic Surgeons.
Main Causes of Cosmetic Surgery Claims
In cases where cosmetic procedures result in a medical negligence claim the main causes tend to be:
- Nerve damage
- Poor results
- Personal Injuries sustain during the surgery or as a result of poor aftercare
- Unexpected scaring that could have been avoided
- Liposuction resulting in perforated bowels
- Surgical error during cosmetic surgery
- Nerve damage to face from Botox/filler injections
- Removal of cancerous mole leading to the delay in cancer misdiagnosis
Common Types of Cosmetic Surgery That Has Resulted in a Medical Negligence Claim
Cosmetic Surgery refers to a range of different procedures – some of the most common medical negligence claims refer to the following procedures:
- Plastic Surgery
- Blepharoplasty (Surgery of the Eyelids)
- Forehead Lift
- Facial Scar Removal
- Hair Replacement
- Laser Hair Removal
- Laser Eye Surgery
- Laser Tattoo Removal
- Laser Surgery
- Rhinoplasty (Surgery of the Nose)
- Otoplasty (Surgery of the Ear)
- Mentoplasty (Surgery of the Chin)
- Skin Resurfacing
- Breast Implants / Breast Augmentation
- Abdominoplasty (Tummy Tuck)
- Application of Permanent / Semi-permanent Makeup
How To Make A Claim
1. Speak with a Medical Negligence Solicitor
Speaking with a medical negligence solicitor as soon as possible after the surgery is imperative. Medical negligence is a very complex topic in Irish law and attempting to bring a claim forward without having spoken to a solicitor specialising in cosmetic surgery claims may mean that you may miss a vital step of the process which could delay you claim procedure considerably.
2. Medical Records
In order to make a cosmetic surgery claim for medical negligence, it must be established and proven that the injury sustained was caused by the medical negligence of the surgeon. Therefore, after having spoken with you about your case, your solicitor will then request access to your medical records.
At this stage, the solicitor will have your medical record assessed by an independent expert in the field of plastic surgery. This will help determine whether the surgeon who performed the cosmetic surgery had, in fact, administer substandard medical care and if medical negligence had a hand in the outcome of your surgery and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.
3. Letter of Claim
If the independent medical expert has concluded that medical negligence is the cause of your injury / poor outcome then your solicitor will draft a Letter of Claim to the doctor who performed the surgery. A Letter of Claim will outline the nature of your case and invites the medical practitioner to settle your claim for compensation.
The next steps involved are heavily dependent on your case and response to your Letter of Claim and will determine whether your case will be brought to court or settled outside of court. Your solicitor will be on hand every step of the way to guide you through this process.
Tell Us About Your Medical Negligence Case
At Tracey Solicitors, our dedicated medical negligence solicitors can help you proceed with a cosmetic surgery claim. We understand the injuries (physically and emotionally) that you have suffered and have supported and helped many people to in similar situations proceed with cosmetic surgery claims in Ireland over the years. For a confidential discussion, call Caoimhe McConnell, Head Medical Negligence Solicitor, on 01 649 9900 and tell her about your case or via email to firstname.lastname@example.org.