Cosmetic surgery, often elective procedures chosen by individuals seeking to enhance or change their appearance, carries its own unique risks and expectations.
However, when the outcome of such procedures are impacted by negligence, and brings about physical, emotional or psychological harm, patients have the right to seek compensation.
In Ireland, cosmetic surgery claims are a significant aspect of medical negligence law. This guide delves into the specifics of these claims, outlining what constitutes negligence for cosmetic procedures, common types and causes, consequences, and the mechanisms for pursuing a claim.
Helen Coughlan is a partner and advises on medical negligence*, family law and personal injuries*. Helen is a qualified family mediator and collaborative law practitioner and is Chairperson of the Family and Child Law Committee of the Law Society.
Cosmetic surgery negligence occurs when substandard surgical care during cosmetic procedures leads to patient harm. Claims can cover a wide range of procedures and surgeries – from minimally invasive treatments to major surgeries – and involve legal action against the healthcare professionals or institutions at fault.
Incidents of negligence during cosmetic surgeries can be vary but some of the more common types include:
Repercussions stemming from cosmetic surgery negligence or substandard procedures can be severe or life-altering, including:
Understanding the common causes of negligence can help in identifying potential claims. Factors leading to negligence in cosmetic surgery can often include:
The first step in making a claim for negligence during a cosmetic procedure is to gain experienced legal counsel. Medical negligence law is complex, and a specialist solicitor can guide you through the entire process. They will assess the viability of your case, help you determine whether you are eligible, and advise you on the likelihood of success.
Patrick J Farrell Solicitors specialise in medical negligence, don’t hesitate to contact us regarding your concerns and to see if you’ve potentially been affected by negligence during a cosmetic procedure.
Your solicitor will request your complete medical records, which are crucial for supporting your claim. You will need to compile all of your medical records, correspondence, and any other documentation related to your care. These provide evidence of the care you received and are essential for establishing a case of negligence.
It may be necessary to have an independent medical expert evaluate your case to establish whether the care you received was substandard and constituted negligence.
Once your solicitor has gathered all necessary evidence, they will draft a Letter of Claim and notify the hospital or healthcare provider that you intend to take a case against them. This will outline the details of your claim, the alleged cause of negligence, and the resulting harm or injury.
The hospital or healthcare provider, through their own legal team, will respond to your Letter of Claim. They can either accept responsibility and work towards a settlement; or they can dispute the claim which will lead to legal proceedings.
Many claims are settled out of court, and your solicitor will negotiate on your behalf to arrive at fair compensation for your injuries, any financial losses, and any future care needs. However, if a settlement can’t be reached, your case may proceed to court where your solicitor will prepare for and represent you in any court proceedings.
Taking a claim for cosmetic surgery negligence can be both complicated and taxing, typically requiring a deep understanding of both medical and legal practices. If you believe you have been a victim of surgical negligence stemming from a cosmetic surgery, we highly recommend you seek expert legal guidance.
If you or a loved one has experienced negligence during a cosmetic procedure, it’s vital you seek legal support. At PJF, our expert team is committed to providing the compassionate guidance and support you need to achieve the best possible outcome. Contact us today if you’ve been affected and need confidential legal guidance.
At Patrick J Farrell & Company Solicitors, we understand the profound impact medical negligence can have on your life. With a legacy founded by Patrick J. Farrell and carried forward by a dedicated team, we have been advocates for justice for over four decades. Our commitment to putting our clients’ interests first, combined with our extensive legal expertise, makes us the ideal partners in your pursuit of justice.
From the moment you walk through our doors to the resolution of your case, you’ll be treated with the utmost courtesy, respect, and understanding. Choose us – where your well-being is our top priority. Reach out to us today and let our experienced solicitors guide you every step of the way.
Making a Medical Negligence Claim
Birth Injury Claims: Guide to Concerns and Compensation
Will Irish healthcare issues cause an increase in medical negligence claims?
Plastic Surgery and Cosmetic Procedures
Hip replacements and joint replacements