Medical Negligence*

Rhinoplasty Error Claims*

A rhinoplasty error claim arises when a person experiences complications following the procedure as a result of medical negligence.

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What is Rhinoplasty?

Rhinoplasty is a very common type of cosmetic surgery which can also be referred to as a ‘nose job’. This term covers a wide range of procedures from surgery for functionality such as breathing to surgery for appearance reasons such as changing the shape of the nose.

A Common Surgery

Although a very common surgery which is commonly risk-free, sometimes accidents can occur, this can lead to injuries. If you have sustained an injury during or following nose surgery you may be entitled to make a claim for damages if this was caused as the result of the negligence of another party.

Although nose shaping surgery is commonly carried out for cosmetic reasons, it can also help to fix a broken nose which has changed shape due to a previous injury. There are many reasons for which somebody may undergo nose surgery, which include:

  • Requirement for surgery on the nose following an injury to the face
  • Bumps or an irregular bridge on the nose
  • Deviated septum
  • Breathing difficulties
  • Following an error made during a previous surgery

An important step in the claims process for personal injuries is determining who is liable. Where medical negligence is at play, the medical team that carried out the procedure may be found liable.

Cosmetic surgery should always be carried out by a fully qualified and trained professional who is aware of the risks associated with this. Many injuries are sustained as a result of untrained practitioners carrying out the surgery as they may not have the correct knowledge on how to avoid the risk of an accident or injury.

Common Injuries

Common types of injuries sustained in rhinoplasty error Claims claims include:

  • Nerve Damage
  • Infection
  • Breathing difficulties
  • Damage to the nose
  • Blood clots and excessive bleeding
  • Injuries to the eye
  • Bruising
  • Scarring
  • Nasal collapse
  • Weakening of the nose
  • Loss of sense of smell
  • Soft tissue damage
  • Damage to the septum

Causes

Unqualified Medical Practitioner

It is important to note that not all medical professionals are trained to carry out rhinoplasty. This surgery should only be carried out by a fully qualified professional who is aware of the potential risks associated with nose surgery. Many injuries caused as a result of rhinoplasty are caused as a result of unqualified medical professionals.

Failing to Advise Patients on Risks

An important part of any surgery is ensuring that the patient is aware of any risks which are associated with the surgery. It is the responsibility of the medical team to ensure that this information is provided to the patient so that they can make a decision on whether they would like to proceed with rhinoplasty or not. They will then need to sign an agreement to confirm that they are happy to proceed and are aware of potential complications that are associated with this. Failure to advise can result in a claim being made against them.

Incorrect Equipment

If the correct equipment is not used the chances of sustaining an injury becomes higher. Any equipment that is needed to carry out this surgery should be clean and sterile prior to use and it is important that all of the correct equipment is used. Using incorrect equipment can lead to infection and other injuries.

Failing to Carry Out a Prior Assessment

Prior to any surgery being carried out, there should be an initial assessment done to determine if there may be any issues in proceeding with this surgery. This allows the medical practitioner to make a decision on whether the patient is a suitable candidate for rhinoplasty. There should also be a consultation in which a decision is made on what the result of the surgery will be so that everyone is aware of what to expect.

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Our helpful team

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

About Tracey Solicitors LLP

We draw on more than 35 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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