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Cosmetic Surgery Negligence: What to Do

April 18, 2012 | Comments: 0 | Views: 154

Cosmetic surgery is becoming more and more popular around the world. Taken by choice and not necessity (unless the surgery helps to correct vision or breathing), people who undergo cosmetic surgery often do so to improve physical appearance, to help improve self-confidence and self-esteem. Cosmetic surgery is common to help change the appearance for sufferers of disfiguration due to diseases like cerebral palsy, though with ever increasing social pressure due to the massive influence of media and the pursuit of physical perfection, many more people are choosing cosmetic surgery, who otherwise would have not previously.

Like all surgery, this type surgery comes with an associated level of risk. The risks associated with infection, tissue loss, and bleeding are always present, and it is known that while even small and simple procedures have resulted in negative consequences, the longer and more complex the procedure is, the higher the risk will be. Popular options such as facelifts, breast augmentation, brow lifts, liposuction and eyelid surgery are examples of this.

No matter the risks, if something goes wrong with cosmetic surgery, then there are potential options available for the victim. Cosmetic surgery compensation is a legal route to take if something untoward happened or the surgery fails, but there are many things that need to be considered before a claim is made.

For surgery that improves appearance, the results will be subjective, and as such many patients might assume that their disappointment is grounds enough to seek compensation. It is unlikely that any compensation would be rewarded under such circumstances. If cosmetic surgery compensation is to be rewarded, then the claimant must either prove a suitable level of cosmetic surgery negligence on the surgeon's behalf, for example physical impairment caused by the surgery, or demonstrate that the results are so poor that a breach in the clinic's duty to provide a level of care and quality, can be found.

As stated, this kind of surgery is popular, and this means that clinics defend themselves against legal claims by requiring patients to sign a contract before surgery. The most important thing you can do is go through this contract carefully, to be aware of any indemnity clauses, and ensure that is there is an explicit declaration of a certain level of care. If a surgery states a certain level of excellence, then results that fall well below this level are reasonable grounds for negligence.

If you are extremely unhappy with the results of your surgery, or have suffered adverse effects which can be linked to cosmetic surgery negligence, then you might qualify to make a personal injury claim. The first step is to write a written complaint to the surgery, but this won't normally deliver you compensation, and if not then you will need to find a legal service of a professional medical negligence solicitor. You will need to keep hold of the contract you signed, and evidence to show proof that the surgery has fallen below the standards presented in the contract. There are two primary forms of compensation, with the first being due to loss of amenity (the damage and suffering caused) and the second being special damages (loss of earnings and further expenses).

Ben Greenwood is writing on behalf of Pearson Hinchliffe, medical negligence solicitors and specialists in claiming cosmetic surgery compensation.

Source: EzineArticles
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