Cosmetic Surgery Claims

Cosmetic surgery claims

Talk to one of our personal injury specialists today

Cosmetic surgery is elective surgery which aims to improve one’s aesthetic appearance. Unfortunately, this is an area of medicine which lacks any proper regulation in Ireland. As a result of this, medical practitioners are performing complicated surgical procedures for which they lack the requisite experience, expertise and skill and this is giving rise to significant postoperative complications for patients. In many cases the post-surgical aftercare of routine complication is substandard.

Simple and seemingly straightforward procedures can result in significant problems for people if they are performed negligently. Some of the consequences for patients can include nerve injury, scarring, skin loss, infection, and psychological harm. It can be the case that a patient is unhappy with the outcome of a cosmetic procedure, but this does not mean the surgery was performed negligently.

As with all procedures, cosmetic surgeons are required to obtain a patient’s informed consent in advance of performing the procedure. This means that they are required to advise the patient of all the risks and possible complications that are associated with the intended procedure before allowing the patient to undergo the operation. Failure to fully inform a patient and to get an informed consent can result in a claim for medical negligence if the procedure has been negligently performed.

Plastic surgery claims and cosmetic surgery claims

Talk to one of our personal injury specialists today

Before you choose a cosmetic or plastic surgeon, it is advisable to check with the Medical Council of Ireland to see if they are a registered specialist. You could also check this with the Association of Plastic Surgeons.

Any doctor on the general register in Ireland can brand themselves as a ‘cosmetic surgeon’. This can lead to patients receiving inadequate care and in turn, open to medical negligence. Many people in the field would consider this to be misleading and in some cases, potentially dangerous. To use the term ‘plastic surgeon,’ a doctor must undergo advanced specialist training.

What are the causes of cosmetic surgery claims?

Talk to one of our personal injury specialists today

  • Nerve damage.
  • Personal injuries sustained during the surgery or as a result of poor aftercare.
  • Unexpected scarring.
  • Liposuction resulting in perforated bowels.
  • Surgical error during surgery.
  • Nerve damage to face from botox/filler injections.
  • Removal of cancerous moles leading to the delay in cancer diagnosis.
  • Poor results.

We are ready to take your case

If you’re ready to explore your legal options, we’re with you.

Cosmetic procedures where medical negligence can arise

Talk to one of our personal injury specialists today

  • Plastic surgery
  • Blepharoplasty (surgery of the eyelids)
  • Forehead lift
  • Facelift
  • Laser hair removal
  • Facial scar removal
  • Hair replacement
  • Laser surgery
  • Rhinoplasty (surgery of the nose)
  • Otoplasty (surgery of the ear)
  • Mentoplasty (Surgery of the chin)
  • Skin resurfacing
  • Laser tattoo removal
  • Breast implants /breast augmentation
  • Botox
  • Liposuction
  • Laser eye surgery
  • Abdominoplasty (tummy tuck)
  • Application of permanent /semi-permanent makeup

How to make a cosmetic surgery claim

Talk to one of our personal injury specialists today

1. Speak with a Medical Negligence Solicitor 

The first thing you should do is consult with a medical negligence specialist solicitor as soon as possible after the surgery. Medical negligence is vastly different from personal injury, so it is vital that you engage a solicitor with experience in cosmetic or plastic surgery claims to guide you through the process. 

2. Medical Records

To ensure a successful claim, your solicitor will need to establish that injury sustained was by the medical negligence of the surgeon. Your solicitor will request access to your medical records and have them independently assessed by a plastic surgery expert. This expert will help to determine: 

  • Whether the surgeon who performed the cosmetic surgery had administered substandard medical care.
  • If medical negligence had a hand in the outcome of your surgery.
  • If your injuries/outcome were avoidable had the surgeon administered the appropriate level of medical care.

3. Letter of Claim

If the independent medical expert concludes that medical negligence is the cause of your injury/poor outcome, your solicitor will draft a ‘Letter of Claim’ to the doctor who performed the surgery. A ‘Letter of Claim’ will outline the nature of your case. This letter invites the medical practitioner to settle your cosmetic surgery claim.

The next steps involved are heavily dependent on your case and response to your ‘Letter of Claim’. It will determine whether your case will be brought to court or settled outside of court. Your solicitor will be on hand every step of the way to guide you through this process.