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Cosmetic Surgery Negligence: Your Rights

May 04, 2012 | Comments: 0 | Views: 164

Any person who has suffered any kind of damage, scarring or other problems due to medical negligence during cosmetic surgery has a right to claim compensation for cosmetic surgery negligence.

A person who chooses a surgeon puts an enormous amount of trust in the surgeon's ability to treat them well. However, with the boom in cosmetic surgery, many clinics have doctors and nurses who are not properly qualified, or who are negligent in the treatment of their patients. Once the patient is under the surgeon's counsel, it is the legal responsibility of the surgeon to care for him or her, following the right medical practices and rules.

The Patient's Rights

A person who suffers due to negligence from plastic surgery can claim compensation for any of the following: excessive scarring, particularly that which she was not warned about; uneven results (eg., size of breasts being unequal after reduction or augmentation procedures); infection or nerve damage that occurs due to negligence; loss of function in the nerves, particularly after face lift or related procedures.

The patient can also claim compensation if the surgeon fails to explain all the related effects and risks of the surgery she will be undergoing; lack of adequate post-operative care, and any physical abnormalities that ay occur due to medical error.

The Law

On the surface, cosmetic claims are the same as any other medical claim. The difference lies in the fact that in medical negligence claims, the NHS is usually the defendant. In cosmetic surgery claims, however, the patient has a contract with a private clinic or hospital, which tries to distance itself from liabilities arising from negligence. While signing a contract for cosmetic surgery, it is important to go through it carefully and make sure that the hospital or clinic can be held liable for any probable error they might commit later.

According to the law, there should be a period of two weeks between the consultation and the actual surgery, giving the patient time to reconsider her decision. During this period, the surgeon should explain the procedure of the surgery, and not rush the patient, as cosmetic surgery is very rarely performed in emergency situations. In many cases, the surgeon has to recommend psychological counselling as well to the patient. Once the patient decides to go ahead, she should be given a written guide about the surgery, its effects and the terms and conditions of the contract.

What Can You Claim

When claiming compensation for negligence during cosmetic surgery, it is important to approach a medical negligence solicitor who can help with the lawsuit. An experienced solicitor can help the patient claim compensation for all of her losses including psychological trauma caused by unexpected results; any costs that may arise to correct the mistakes from the surgery; loss of any earnings, and cost of medical care, as well as other related expenses. Any losses directly arising from the negligence during cosmetic surgery can be claimed. The courts decree that prospective patients should be aware of the results of the cosmetic surgery, and should have a realistic idea of what they can expect to look like or achieve after the surgery.

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

Source: EzineArticles
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