Personal Injury

When cosmetic procedures go wrong – can you make a claim?

Cosmetic procedures have become increasingly common, but unfortunately, they do not always go to plan.

15 Jun 2022

Team name
Holly Minney

Holly Minney

If you have undergone a cosmetic procedure that has not gone as planned, we understand the devastating impact this may have on your life. A cosmetic procedure gone wrong such as lip fillers, botox, liposuction, breast augmentation, or dental surgery, can cause significant damage to your health, your confidence, and your wellbeing. However, you may be able to make a claim for compensation. This article looks at how to make a claim if a cosmetic procedure has gone wrong.

Cosmetic procedures gone wrong: first steps

If you have instructed a professional to carry out a cosmetic procedure, you are entitled to a certain level of care. If you believe the professional has done something wrong or acted negligently, you may be able to bring a claim. In the first instance, we would recommend trying to resolve this with the organisation that carried out your procedure. The practitioner may recommend a further procedure to rectify what you are unhappy with, and they should have a formal complaints procedure. However, in some cases, patients are left with chronic pain or lifelong injuries, including scarring.

If you have suffered a significant injury due to a negligent cosmetic procedure, we would advise that you contact an experienced medical negligence or personal injury solicitor.

Informed consent

When you undergo any medical procedure, including rhinoplasty, breast augmentation, a gastric band operation or liposuction, the medical professional has a duty to obtain ‘informed consent’. Informed consent means that they made you aware of all of the risks of the procedure, before it was carried out. If you were not aware of what could go wrong and you then suffered such complications, you may be able to bring a claim for lack of informed consent.

Making a claim for a cosmetic procedure gone wrong

There are various elements to making a successful claim for a cosmetic procedure gone wrong which are set out below.

Time limit

There are strict time limits for bringing a claim. You must bring a claim within three years of the date of the procedure or within three years of realising that you had suffered an injury.

You must have suffered an injury

It is not enough that the practitioner acted negligently; you must have suffered an injury to claim compensation. An injury does include scarring, burns, or infection.

You must be able to prove the practitioner acted negligently

The professional must have exercised the standard of care that could be reasonably expected of a person in that role. Whether or not a mistake was ‘negligent’ is often the key factor in cosmetic injury cases.

M&P Commentary

Holly Minney, specialist in personal injury law and Head of the Dispute Resolution team, said:

“Our team have extensive experience of acting in claims for botched cosmetic surgery, if you think you may have a claim please contact our team on 01708 470 470 for a no obligation chat to discuss your potential options.”

OUR CLIENTS SAY ABOUT US

Ranked highly in Romford and Brentwood for solicitor firms

Dispute resolution
I am extremely grateful for the service I received, with professional help & advice these past years.
Mr North
Trusts and Probate
We would like to thank Anne and Manzurul for helping to make our probate application go smoothly and efficiently. We found the process very professional.
M McDermott
Wills
From start to finish our needs were handled with all due care and attention to detail.
Anonymous
Residential Property
Svetlana at Mullis & Peake recently handled our divorce transactions and house purchase, no fuss, straight forward advice, great communication and handled efficiently.
Mcdocat
Residential Property
Trusts and Probate
Excellent service and very good advice on both recent matters. Mullis & Peake have acted for our family for many years and have proved very professional on each occasion
Terry
Residential Property
Mullis & Peake dealt with both the sale and purchase for my mum's properties. Paul is professional, helpful and efficient. Explained all the processes in a timely manner. Top quali...
Jenny
Family
I've found the service I've received at Mullis and Peake to be courteous, professional and highly recommendable.
Carole
Family
Special thanks to Roisin McCorry for her professionalism, resolve, patience, and the support she provided during this very difficult time.
Richard
Dispute resolution
Extremely satisfied with service received from Mullis & Peake. I would thoroughly recommend their service as they were recommended to me.
Paul

Related News insights

Charity & Fundraising, Mullis & Peake
London Legal Walk 2022
Legal, Residential Property, Lease Extension, Leasehold Enfranchisement
Update on leasehold reform and ground rents
Legal, Residential Property
Buying your first home – what to expect
Movers & Shakers, Mullis & Peake
Above and Beyond June 2022