COSMETIC SURGERY CLAIMS CORK, MIDLETON AND DUBLIN
Claiming compensation for cosmetic surgery in Ireland can be a daunting process. Unfortunately at the time of writing this blog post, elective cosmetic surgery does not have proper regulation here in Ireland. This has resulted in the upsurge of individuals who lack the requisite expertise practicing cosmetic surgery procedures across the country. Let’s call them what they are ‘Cowboys’! This unseemly practice of unregulated cosmetic surgery has resulted in severe complications for patients. We have seen instances where after-care is sub-standard to say the least, and where patients have suffered due to ‘botched’ procedures and unethical practices. If you have found yourself in need of compensation due to sub-standard cosmetic surgery, the team here at Walsh and Partners LLP will be happy to represent you and assist with a claim on your behalf.
Cosmetic Surgery Solicitor Cork City and Midleton
When cosmetic surgery goes wrong, the physical, emotional and financial consequences for the patient can be life-changing. Whilst there is nothing that can be done to remedy this in a meaningful way, we feel it is important that you are compensated for this negligence.
Common Cosmetic Surgery Claims in Ireland
When cosmetic surgery first burst on to the scene here in Ireland, it would bring to mind tummy tucks and breast implants. The industry has however grown immensely in the past number of decades and we can now increase, reduce and improve almost any body part that we may be unhappy with. Unfortunately this widened scope of procedures has also led to an increase in the different types of claims we are seeing. Some of the most common cosmetic surgery claims include:
- Breast augmentation,
- Cosmetic dentistry (becoming increasingly more common),
- Facelifts for clients of all ages,
- Plastic surgery.
Could you make a claim for compensation due to cosmetic surgery outcomes?
In Ireland, all medical practitioners owe their patients a ‘duty of care’, this applies to doctors, dentists, plastic surgeons and specialists across all areas of medicine. This legal requirement means that medical professionals have to take precautions at all times to ensure you are safe and well whilst in their care. The reason you require this medical attention should not be in question, whether for health or cosmetic reasons, you are still entitled to the same level of care.
Cosmetic Surgery Claims Ireland
Under Irish Law, cosmetic surgery claims are treated in exactly the same way as any other medical negligence cases. The law will decide whether compensation for damages or financial loss are required.
As with any area of medical law, establishing liability can be clear cut in some instances whilst expert medical testimony may be required in more complicated cases.
It is important to note that in instances where you are not happy with the results of your procedure you may not be able to file a claim for compensation. Your claim will need to refer to actual medical negligence or malpractice in order be successful, simply being unhappy with the results may not suffice. From a legal perspective, claimants need to be realistic about the outcome of any procedure that is elective in nature.
To make a claim for cosmetic surgery negligence or malpractice, the following steps need to be followed:
- Speak to a member of the medical claims team here at Walsh and Partners LLP to gain a clear understanding of the process and to determine whether your claim has sufficient grounds for compensation.
- We will provide you with a claim application form and will assist with compiling any necessary documentation to back up your claim. These documents may include but are not limited to: accident reports, medical reports and images of your injuries. This information will assist the Injuries Board with any decisions to accept or reject your claim for compensation.
- Forward your application form to the Injuries Board as soon as possible within the statute. Then PIAB will issue a notification of your claim to the Respondent, who has three months from this notice to either accept or reject the matter going to an assessment.
- Once your application has been received by the Injuries Board, they will notify the respondent about your claim.
- The respondent will then agree to assess your claim. In most instances the respondent will be represented by an insurance company and they will conduct the assessment.
- You may be required to undergo a medical assessment by an independent medical representative of the Injuries Board.
- The Injuries Board will then decide the amount of compensation due and both parties will need to agree upon this amount.
Where the respondent does not agree to undergo an assessment by the Injuries Board or if there remains a disagreement about the compensation amount awarded, the matter can then be argued before the court.
Medical Malpractice and Negligence Solicitors, Cork, Midleton and Dublin
Should you wish to learn more about making a claim for compensation for cosmetic surgery negligence or malpractice, please get in touch with a member of the team here at Walsh and Partners Solicitors LLP. We are well versed in all aspects of cosmetic surgery claims and will be happy to provide you with the expertise you require to make a successful compensation claim.
See the links below for further information or give us a call today: