Botched cosmetic surgery can leave you feeling embarrassed about your physical appearance, to the extent where you may not even want to leave your house. As sponsors of the TV show “Botched”, Gowing Law Solicitors completely understands the impact that these treatments can have on claimants. Inexperienced cosmetic surgeons can leave you with unsightly scars or internal damage that can make your daily life a struggle. That’s why it’s time for you to get compensation for your losses.
You may be taking time off work to recover from the treatment, but as you recover you probably don’t want the stress of a legal battle looming over your head. That’s why you should seek the aid of a cosmetic injury claims specialist. They can help you understand the exact amount of compensation that you are owed and will make sure that your evidence is fully organized. All you need to do is get in contact with our solicitors today by ringing up 0800 041 8350!
What is botched surgery?
As you can see from our commercial, we have a lot of experience when it comes to botched surgery claims. When people undertake cosmetic surgery, it is usually to feel better about their body or to sort out some form of trauma that has happened to the skin through scars. Cosmetic surgeons have a duty to their patients, known as a ”duty of care”, to help them:
- Understand the procedure.
- Clarify any risks of the procedure.
- Figure out if any products could cause any “rejections” or reactions.
If the surgeon fails to provide this sort of assistance then they can be seen as “negligent”, especially if the surgery goes wrong. With a botched surgery that is not due to a genuine mistake, the patient could be left with unsightly tissue damage, interior damages or future ailments that continue to get worse. If these sort of damages have a negative effect on the patient’s life, or make daily tasks harder than they need to be, they could claim compensation for the doctor’s negligence. The surgeon had a duty of care to keep them safe. However, as they are “at fault” for the injuries, they (or the healthcare provider that represents them) need to compensate you for your losses.
Keep in mind that your surgeon should be asking you about your medical history and whether or not you are allergic to any medicine or products that they use. They should also ask about whether or not you suffer from any chronic conditions or if you have had bad reactions to surgeries in the past. That way they can get a good idea of the risks involved in your treatment. They can then make you prepared for what is ahead if you proceed with surgery.
What sort of treatments make me eligible for a cosmetic surgery claim?
If you are going to make a botched cosmetic surgery claim, you have to realize that it does not matter what type of surgery you have had. Your surgeon has not provided you with satisfactory treatment, worse still they have made you suffer from a physical injury that has worsened your quality of life. That means you are eligible to pursue a compensation claim. However, if you do need examples of some surgery treatments you could claim for, please see them below:
With all of these types of surgeries, they come with their risks that could potentially get you injured. Your doctor should be keeping you informed of all of the risks and should give you a contract to sign and accept that you understand exactly what your surgery will entail. If you get hurt due to their negligence, this could mean that you could claim compensation.
How could I get hurt from botched cosmetic surgery?
Of course, cosmetic surgery comes in many forms. It may be a treatment that is as simple as a dermal filler or it may be a large skin graft. There are more risks that come with larger surgeries, however this doesn’t mean you can’t get hurt with small procedures. Injuries may come from:
- Operations on the wrong part of the body
- Allergic reactions
- Leaving medical equipment inside of the body
- A surgery complication like Hematoma
- Blood loss complication
- Fluid-build up
These are only a few of the problems that could happen due to negligence. Either way, if you have been left with injuries – physical, emotional and financial damages – then you could be owed compensation for your losses. It will be up to your surgeon to use their insurance to have them paid. They may also be under a compensation scheme, like the NHS’s complaints procedure.
What sort of damages can I claim for?
When it comes to damages, you need to understand that to make a claim you need to have a physical injury, aka. some form of general damages. From there, you can think about claiming for special damages.
To be quite blunt, there are many different types of damages that you can claim. These fall under:
- Physical Injuries
- Emotional Damages
- Financial Costs
- Loss of opportunity
- Broken Equipment
Make sure to keep an eye on your losses and document them down as you collect evidence. This can help you strengthen your claim when you take it to be looked at by a cosmetic surgery solicitor.
What should I do if I am the victim of botched cosmetic surgery?
If you have been suffering due to injuries from a botched surgery, you may be feeling vulnerable and unsure of who to turn to. Not only that, but you may actually be feeling a little embarrassed about your facial appearance. That is why it is essential that you get in touch with a solicitor as quickly as possible. Your wounds may get worse or you may lose out on finding evidence to support your case. That’s why you need to get started as quickly as possible on your claim.
Once you have got in touch with a lawyer, you will need to work together in order to gather up evidence to support your claim. Without any evidence your claim will be no more than a case of “he said-she said”. Your evidence will need to prove that the medical professional who worked on your treatment was negligent and caused you to get hurt
Your evidence may include:
- Photographs of your injuries
- Videos of your injuries
- CCTV footage
- Police Reports
- Receipts of financial losses
- Witness testimonies
- Diary Entries
- Medical reports
Obviously, some of these are going to be easier to get your hands on than others. Once you have collected your evidence then you can start to pair it together with your losses. This can back up your claims and make sure that you get the biggest pay-out possible.
What should I do If my surgeon refuses to acknowledge liability?
Honestly, some cases are going to be more complicated than others. Most of the time, it will be that the surgeon admits fault and you will be able to decide on a pay-out amount together to compensate you for your losses. However, there will be times when things get a little more complicated. After all, your surgeon or medical practitioner may completely refuse to accept that they were at fault for your accident.
If this does happen then you will need to work with your solicitor to provide evidence to change their mind. You can provide them with copies of your medical reports and other forms of evidence to start with. You can also require a settlement agreement sit-down where you discuss the amount you want for compensation. If they still refuse then you will need to be prepared for your cosmetic surgery claim to go to court. Your lawyer can help guide you through the court proceedings until a judge decides on whether or not you are owed a pay-out.
Will I definitely need to go to court to win my compensation claim?
It is very unlikely that presently you will be asked to go to court in order to get your compensation claim. After all, with the backup of court cases due to Covid-19, it is more important than ever to have a solicitor working with you on your case. If you do not want to go court, your solicitor can represent you instead and keep you updated on what the outcome of the session is. In most cases though, you will not need to go to court to decide on a pay-out. It will be settled outside of the court system through a settlement agreement.
How much could I be owed for a cosmetic surgery compensation claim?
Now, when our cosmetic surgery solicitors are asked this type of questions, the answer tends to be something that resembles “how long is a piece of string?” The type of pay-out you get for your compensation claim depends entirely on the extent of your injuries and how bad your damages have been. For instance, if you suffered life-changing injuries due to a botched surgery, as well as emotional damages due to the embarrassment and trauma of the incident, you may end up getting more compensation than someone who experienced a few side-effects from the wrong medication.
Speak to your solicitor if you want to get an estimate of the amount of compensation you could get as a pay-out. They can tally up your losses and make an estimate. This can help you if you are trying to decide on a settlement fee.
How long do I have to make a cosmetic negligence claim?
You will have 3 years from the time of your accident. Make sure to get in touch with a solicitor as quickly as possible. That way you can give them the maximum amount of time needed to gather your evidence, put a case together and help you get the compensation that you deserve. Be patient and feel free to keep asking them for updates.
Gowing Law Solicitors can help you with your botched cosmetic surgery claim
Here at Gowing Law, we pride ourselves on our expertise when it comes to cosmetic liability claims. That’s why we are more than ready to help you get a compensation pay-out. This way you can make sure that you can get what is owed to you for your damages. Our specialists are extremely kind and will listen to you about your case. You can come to them for free advice or consultations about your case. These can all be done remotely. If you decide that you are happy with our services, we can work with you on a “no win-no fee” basis. That means you will always come out on top and you will not be asked to pay any hidden fees.
If you are ready to work with us, you can contact Gowing Law Solicitors at 0800 041 8350, firstname.lastname@example.org or even use our direct messenger located on our contact page. We would also like to urge you to try out our new claims checker page.
Read more about botched surgery claims
If you want to learn more about the basics of compensation claims, we would recommend that you check out our law blog. We update it weekly with new content for you to read. This includes information about financial mis-selling, road traffic accident claims, work accident claims and personal injury claims. We also provide information about current legal updates, such as those with the Covid-19 situation. Make sure to check back to see our latest blogs.
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