Plastic Surgery Claims

Common Cosmetic/Plastic Surgery Questions​

• How do I sue a cosmetic surgeon?

  Cosmetic surgeons can be sued like any medical doctor, but because cosmetic surgery involves procedures that you choose to have, it can make it difficult to bring a successful claim- you may not be happy with the final result, but this doesn’t always amount to medical negligence. 

  However, you are entitled to expect a duty of care, and we understand that as the result of a procedure gone wrong and where you expectations have been massively under delivered, you may be left in both physical and emotional pain, unsure of what to do.

  Our team at Freeman Harris could assist you in making a claim if:

  1. You were not advised fully of all of the risks of the procedure 
  2. Your procedure was not executed to the expected standard 
  3. A defective product was used
  4. The compensation you receive can pay for corrective treatments or counselling that you may need.
• Is there any insurance that covers cosmetic surgery?

  Generally speaking, because cosmetic surgery is an elective process, and is not performed to treat an illness, there is no health insurance policy that would cover this. However, if you have difficulty in breathing because of the shape of your nose or are experiencing severe back pain owing to overly large breasts, these procedures may be viable through insurance policies. Tummy tucks, if excessive weight is causing significant health issues, can also be available via insurance policies. 

• What counts as a 'procedural error?'
  • Post-operative infections
  • Negligent injection of chemicals used for cosmetic purposes
  • Complications from anaesthesia
• How do I complain about a plastic surgeon?

  Our expert team at Freeman Harris will have an initial consultation with you to talk about what exactly has happened and what could happen moving forward and assessing if there is a claim to be made.

  1. Speak to your surgeon- A good first step is to talk with your surgeon, to remain open and clear about how you are feeling in terms of your expectations not being met, and see if they will readily explain what happened. 
  2.  Second Cosmetic Procedure
  3. Finding a new Cosmetic Surgeon
  4. Filing a formal complaint- This is a formal process which will open up protocol on their side, however it is worth noting that most patients are not satisfied with the outcome of making a formal complaint. 
  5. Legal Action- this may be appropriate in your case, and our specialist team will endeavour to obtain the compensation you deserve.
• In what type of cases can I bring a cosmetic surgery claim?

  It doesn’t matter where the procedure was carried out, whether on the high street at a beautician’s salon, or in a hospital, your claim will be valid no matter where the procedure took place. Common procedures that we advise on include: 

  • Rhinoplasty (Nose Job)
  • Abdominoplasty
  • Gastric Band Operations
  • Blepharoplasty (Eye Lift)
  • Liposuction
  • Botox
  • Dermal Fillers (Fillers)
  • Laser Treatments 

  At Freeman Harris, we look at each case individually, however there are recurring issues that can occur resulting in a successful claim:

  • Failure to disclose all risks and potential complications
  • Failure to advise on all treatment options available 
  • The recommendation of inappropriate surgery or treatment
  • Substandard performance of the procedure
• I signed my consent but now I know that I wasn't fully informed of the associated risks of the procedure I underwent- does this mean I can still bring a claim?

  Whilst you may have signed a consent form, this doesn’t mean that you were fully informed of what you were signing your consent to. Since 2015, The Supreme Court has now ruled that a surgeon or practitioner must ensure that a patient is fully informed of all of the potential risks and what alternative options are available to them. You may have felt rushed or pressurised to sign the form without fully understanding what it was you were consenting to.

• I chose to have a procedure- can I still bring a claim?

  If it can be proved that the care provided fell below an acceptable standard, a patient is entitled to bring a claim regardless of whether consent was given. All surgeons and practitioners must be fully insured, this should be something that you should check prior to undertaking any cosmetic surgery procedure. If something goes wrong and there is no insurance, you may have limited opportunity to make a claim against them. 

• I had my surgery abroad, can I bring a claim in the U.K?

  If the procedure happened inside of the EU or if you arranged private treatment abroad, then you may be able to claim through the UK Courts.

• I paid for my procedure using a credit card, can I claim a refund?

  Yes. If you buy something over £100 and pay for any part of it on a credit card, the card company is jointly liable if anything goes wrong with the products. It needs to be appreciated that if it has been over 3 years, this is outside of limitation and you won’t be able to bring a claim.