Failed cosmetic surgery, what to do?

  • Written by Gurcan Arda Seyman

Under the laws, if you suffer permanent injuries such as uncontrolled blood loss, non-minor nerve damages, anaesthesia awareness or psychiatric injuries due to cosmetic surgery failure, you may be able to claim medical negligence compensation. 

How to determine cosmetic surgery failure?

If you are injured due to medical malpractice, you have every right to make a compensation claim to replace your loss. To determine if you can make a claim, there should be a breach of duty in your situation. A breach of duty is when a healthcare provider who owes you a duty fails to take necessary care, therefore causing injuries, economic and non-economic loss to the patient.

  1. In this situation, the duty owed to you is cosmetic surgery. The surgeon has to take reasonable care at accepted standards to fulfil their duty to you.
  2. A breach of duty is when your surgeon failed to take necessary care by acting in a manner that a reasonable person doing the same profession wouldn’t. This can be applying a treatment procedure which is not accepted by a peer professional or ignoring to follow the necessary treatment method.
  3. Then a compensation can be claimed if you suffer permanent and non-inherent injuries due to the surgery failure.

What can I claim in medical negligence compensation?

If it is settled that the surgeon was negligent on the surgery, you may be entitled to claim compensation which may include:

  • Compensation for past and future loss of earnings
  • Pain & suffering
  • Medical treatment expenses
  • Travel expenses to and from the medical appointments and if necessary, accommodation expenses
  • Domestic Assistance
  • Lump sum payment

What are the most common situations of medical negligence other than cosmetic surgery failures?

Not only for cosmetic surgery failures, but compensation can also be claimed for medical negligence situations such as false diagnoses, misleading test results, being provided with faulty health care equipment such as pace-makers, being provided with wrong pharmaceuticals or when the doctor fails or delays to inform the patient on the foreseeable risks of the treatment or surgery.

Mentioned above, are just some of the most known cases of medical negligence. You can get into contact with a legal professional to have your situation assessed. 

Please note that not every adverse outcome can be determined as negligence since some of them might be inherent possibilities of the treatment process.

Do I need a lawyer to claim medical negligence compensation?

Surgical errors might cause the patient to suffer frustrating and wearing injuries which might prevent the patient to focus on pursuing their rights. The process is complex and overwhelming. To support your claim and make a successful claim, you should gather as many evidence as possible. Hiring a lawyer will surely be advantageous for you as your lawyer can help you gather all the relevant and necessary documents, arrange appointments with an expert doctor to have the situation assessed as negligence and most importantly, will ensure you understand your right to prevent you to be undercompensated. If you hesitate to work with a lawyer to avoid any further financial difficulties, you can work with a lawyer acting on no win no fee basis. A no win no fee lawyer will offer you free case evaluation service and will only get paid if you can successfully receive compensation.

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