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Clinical Negligence Compensation Claims

Is the pursuit of perfection leading to more clinical negligence cases?

Cosmetic surgery is now an acceptable practice in Britain today. Once the privilege of the rich and famous, it is now possible for anyone to augment the way they look by undergoing surgical procedures. While beauty may only be an incision away, many are falling foul of the so-called ‘cowboy surgeons’. These are ‘medical’ staff who are not fully qualified to carry out cosmetic surgery. And they are leaving patients scarred and enduring psychological scars that will take far longer to heal than the physical ones. In addition, the health industry is seeing a sharp rise in the number of clinical negligence claims made against cosmetic surgeons.

A growing market

Transform, Britain’s largest cosmetic surgery group, has seen a 72% increase in patients requiring corrective surgery for substandard procedures carried out in other practices. According to a spokesman, the most common treatments that require corrective surgery are breast enlargements, rhinoplasties and tummy tucks. Those who suffer at the hands of incompetent or under-qualified surgeons are launching clinical negligence and personal injury claims at those responsible. The professionals in question are usually those attracted by the sums of money commanded by cosmetic surgery but without the necessary training to ensure the procedures are safe and of a certain standard.

Dr. Christian Jessen, a Harley Street practitioner who also presents the BAFTA award winning ‘Embarrassing Bodies’, believes that those seeking cosmetic surgery need to look at more than just the price tag. “You get what you pay for with cosmetic surgery, just like anything else,” he says. “Often people don't feel it is as risky as a purely medical procedure, but it can involve a major operation. People don't seem to factor that in when they're deciding which surgeon to go to for their surgery. They're more likely to research the lowest cost than they are to find out who's got the most qualifications or experience. It's foolish and risky.”

And claims specialists are seeing a rise in clinical negligence cases brought against cosmetic surgeons too. “Ten years ago you would be surprised to see one or two claims for medical negligence against cosmetic surgeons in a year,” explains Nicholas Jervis, managing director at specialist solicitors 1stClaims. “Now, we’re seeing more and more cases coming across our desks, and some of the consequences of botched, supposedly ‘simple’ operations is horrific. These people deserve compensation as much as anyone else,” he continues.

Prior to April 2002, training was not a legal qualification for cosmetic surgeons. Now, however, prospective patients should ensure that the surgeon they are considering is fully qualified and has experience in the field. A good surgeon should always explain the benefits of surgery, but also explain the risks and suggest other alternatives. In addition there should also be a ‘cooling off’ period in which the patient can consider whether surgery is what they want to pursue.

Nicholas Jervis agrees with Dr. Jessen. He says, “For those who do suffer at the hands of cowboy surgeons, the only sensible course of action is litigation. Clinical Neligence Compensation Claims of this sort are, unfortunately, increasingly common and many law firms employ solicitors solely to deal with this avenue of the law. The fundamental premise behind a cosmetic surgery claim is that the surgeon involved has broken their duty of care to the patient. Compensation is generally awarded according to the severity of the injury and for the effects it can have on the patient. This money can then be used for corrective surgery or for specialist medical treatment, if it is required,” he adds.

Peter Walsh, spokesperson for the charity Action Against Medical Accidents, says, “If you suspect your op hasn't gone as planned, ask for an explanation from your surgeon. If they're unwilling to give you one, you can lodge a formal complaint through the practice's complaints procedure. This should result in a formal investigation.”

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