Medical Negligence*

Liposuction Negligence Claims*

Liposuction is a surgical procedure undergone to remove unwanted body fat to improve appearance. Liposuction negligence claims occur when a patient is injured as a result of the surgery. It is categorized under cosmetic surgery procedures and is also referred to as liposculpture or suction-assisted lipectomy.

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A Popular Surgery

The procedure is becoming increasingly popular in modern society, currently ranking as the fourth most popular procedure with women and fifth for men. However, unfortunately in some cases, the surgery fails to achieve its outcome. At times, medical practitioners can be negligent in their duty which affects the patients’ appearance or their quality of life.

How is Liposuction Surgery Performed?

Liposuction surgery is commonly performed under anaesthetic and takes between 2–3 hours. Firstly, the area where the body fat wants to be removed is marked out and an injection is inserted to liquefy the fat. High pressured instruments may be used to further break down the fat. Once the preparation is completed a small incision is made where a suction tube is then inserted. The body fact is then extracted out of the body into a large surgical vacuum machine. Finally, the surgeon drains any excess fluid and blood using small drainage tubes. Depending on the operation and patient, this process may be repeated.

Negligence

Medical negligence comes in many different forms, with regards to liposuction, negligence may occur in the following ways:

Risk Notification

It is important patients undergoing surgery are notified of the potential outcomes that could occur. If a surgeon fails to communicate this, it is possible that they may be held liable for any injuries that are sustained.

During Surgery Procedure

The medical team can be negligent if they deliver any form of substandard care. This can consist of medical practitioners taking unnecessary risks during the procedure which puts the patient in danger. Furthermore, the staff should be trained to nullify any complications that occur during the operation. If there is a delayed reaction time to any complications this could prove costly for the patient.

Post-operative Care

Both prior to and after the surgery the individual is entitled to receive care that will help the recovery process. If a patient is discharged from a hospital when they required more time to recover the medical team can be held accountable.

Risks

Generally, liposuction treatment is regarded as a safe procedure that sees few complications. However, there are several risks which the surgeon must take if any risks occur. Failure to act upon these risks can result in:

Infection

If the correct steps are not carried out a patient is at risk to surgical site infection. Such steps consist of cleaning the area that was cut, administering medication and post-operative care. Before the individual is discharged they should be made aware of how to clean and treat the wound or any related cuts.

Scarring

Medical instruments used during the procedure may damage beneath the skin which can cause permanent scarring. Similarly, the surgeon may deliver substandard care which inflicts an unnecessary injury on the patient. Scars should heal within a year of the surgery.

Internal Organ Damage

If liposuction is performed near the location of the abdominal area there is the risk that the organs can be damaged. This can be due to the surgeon’s inexperience or negligence. Damage to the organs may require further surgery for the patient.

Blood Toxicity

If too much solution is injected during the procedure anaesthetic solution may enter the bloodstream. This may cause blood poisoning if the appropriate measures are not taken.

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Need Help? Just Ask.

For more information and a confidential discussion on your medical negligence claim, call Elaine Hickey, Head Medical Negligence Solicitor, on +353 1 649 9900 and tell her about your medical malpractice case or reach out via email to ask@traceysolicitors.ie and she 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 LLP, 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, which can 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 may be in a position to bring a claim forward in the first two years following their 18th birthday.

Learn more about Legal Time Limits

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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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