Medical Negligence*

Cosmetic Surgery Claims*

Cosmetic surgery (or plastic surgery) is becoming ever more popular in Ireland. It is often a decision that is not taken lightly by a person who wants to change part of their appearance. In some cases it is necessary following an injury or in pursuit of the correction of a disfigurement. It is also used to improve someone’s self-esteem. Regardless of the reasons why a person chooses cosmetic surgery or plastic surgery, medical negligence* is not something that the patient should have to worry about.

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Difference between Plastic Surgeon and Cosmetic Surgeon

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. One must realise that any doctor on the general register in Ireland can brand themselves as a ‘cosmetic surgeon’. This can lead to patients receiving inadequate care 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.

Before you choose a cosmetic or plastic surgeon, it is advisable to check with the Medical Council of Ireland to see if they are a registered specialist. You could also check this with the Association of Plastic Surgeons.

Causes

Cosmetic surgery/plastic surgery negligence claims* commonly arise for some of the following reasons:

  • Nerve damage
  • Personal injuries sustained during the surgery or as a result of poor aftercare
  • Unexpected scaring
  • Liposuction resulting in perforated bowels
  • Surgical error during surgery
  • Nerve damage to face from botox/filler injections
  • Removal of cancerous moles leading to the delay in cancer diagnosis
  • Poor results

Common Types

Some common medical negligence claims refer to the following cosmetic procedures:

  • Plastic surgery
  • Blepharoplasty (surgery of the eyelids)
  • Forehead lift
  • Facelift
  • Laser hair removal
  • Facial scar removal
  • Hair replacement
  • Laser surgery
  • Rhinoplasty (surgery of the nose)
  • Otoplasty (surgery of the ear)
  • Mentoplasty (surgery of the chin)
  • Skin resurfacing
  • Laser tattoo removal
  • Breast implants /breast augmentation
  • Botox
  • Liposuction
  • Laser eye surgery
  • Abdominoplasty (tummy tuck)
  • Application of permanent /semi-permanent makeup

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Need Help? Just Ask.

For more information and a confidential discussion on your medical negligence claim*, call Paul Tracey, Head Medical Negligence Solicitor, on +353 1 649 9900 and tell him about your medical malpractice case or reach out via email to ask@traceysolicitors.ie and he can call you back.

How do I make a claim?

Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist medical negligence* solicitor to help you with this.

  1. Speak with a solicitor

    If you feel that you were not provided with appropriate medical treatment whilst under the care of a medical professional which resulted in injury due to the actions or in-actions of a medical professional, then speaking with a medical negligence solicitor* following the injury is imperative. Medical negligence is a complex topic in Irish law. Speak to a medical negligence solicitor when bringing a claim forward. This ensures that no essential steps are missed throughout the legal process. Bringing a claim forward without having spoken to a solicitor can delay your claims procedure. A solicitor can help to determine your medical negligence time limit claim.

  2. Obtain medical records

    In order to make a claim*, it must be established and proven that the injury sustained was caused by the medical negligence* of the doctor or medical staff tasked with your medical care. 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 records assessed by an independent medical expert. This will help determine whether a surgeon or medical staff who treated you had, in fact, administered substandard medical care and if negligence* was the cause of the injury 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 has occurred, then your solicitor will draft a Letter of Claim to the medical practitioner who treated you. A Letter of Claim will outline the nature of your case and invites the medical practitioner to settle your case. 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.

At Tracey Solicitors, our dedicated medical negligence solicitors* have years of experience in helping people deal with traumatic medical injury claims. We understand the injuries, both physically and emotionally, that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims* in Ireland over the past 30 years.

For more information and a confidential discussion on your medical injury claim, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.

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Case Settlement

If you are to proceed with a medical negligence claim* you may be entitled to claim compensation for the accident and added expenses, you may have incurred. These claims are called damages.

General Damages

General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a medical negligence injury*.

Special Damages

Special damages are out of pocket expenses incurred as a result of the medical negligence injury*, for example, loss of earnings (if you are out of work), medical bills, added travel costs as a result of the accident (for example, travel to and from the hospital) and future care costs. Learn more about Special Damages

What are the Legal Time Limits?

The statute of limitations are the legal time limits on how long you have to make a claim vary depending on the situation. When taking into account how long medical negligence claims take, it is important to remember that medical negligence cases* require certain time frames in place within which you can bring a claim. For medical negligence claims* it is two years less a day following the date of the incident or two years less a day following the date that a person made the connection that their illness or injuries were a result of medical negligence*. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.

Medical Negligence* Involving Children

In an unfortunate incident where a child is subject to medical negligence*, the process of making a claim differs from that of an adult. A minor can bring a claim forward in the first two years following their 18th birthday.

Learn more about Legal Time Limits

About Tracey Solicitors

We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.

We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.

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Our friendly and experienced team are waiting to answer your call. Lines are open Monday to Friday, from 9am to 5pm.

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