Cosmetic surgery is elective surgery which aims to improve one’s aesthetic appearance. This is an area of medicine which does not have any proper regulation in Ireland. As a result of this there are numerous “cowboys” performing complicated surgical procedures for which they lack the requisite experience, expertise and skill and this is giving rise to significant post-operative complications for patients. In many cases the post-surgical aftercare of routine complications are substandard. If you wish to make a cosmetic surgery claim you need to contact a solicitor as soon as possible.
When things go wrong during a cosmetic surgery procedure, the consequences for the patient can be devastating, not just physically but emotionally and financially as well.
While nothing can make up for the distress caused by a wrongful procedure, if you have suffered at the hands of a negligent cosmetic surgeon, you may be entitled to bring a claim through a solicitor.
Common Cosmetic Surgery Claims Solicitor
Today, cosmetic surgery is more than just a tummy tuck or a breast implant. This procedure is being done to reduce, increase and improve various parts of the body and as the scope of this type of surgery widens, so has the potential for different types of claims.
Some of the more common cosmetic surgery claims arise from something going wrong with these procedures:
• Breast augmentation
• Botox injections
• Plastic surgery
• Cosmetic dentistry
Do You Have A Case For a Cosmetic Surgery Claim Solicitor?
From a legal standpoint, all medical practitioners, including doctors and plastic surgeons owe their patients a ‘duty of care’. In lay terms, what this means is that these medical professionals are obliged to take reasonable precautions to ensure your safety and wellbeing while you are in their care, whether it is for health or cosmetic purposes.
Cosmetic surgery is treated as any other area of medical practice and when something goes wrong, it is for the law to decide whether or not there is any legal liability to pay the patient compensation or damages for their injuries and resultant losses.
Not surprisingly, establishing liability is reasonably clear-cut in some cases, whereas in other cases, it can get quite complicated and expert medical opinion may be necessary.
What you should also know is that it may not be enough for you to file a claim simply because you are dissatisfied by the result of your cosmetic surgery. There is a fine line between being unhappy with the results and actual malpractice or negligence.
The legal stand is that prospective claimants ought to be realistic and reasonable about the outcome of the procedure that they had elected to undergo.
Step- by- step process to making a cosmetic surgery claim through a solicitor :
1. Get in touch with your solicitor to gain a clear understanding of the claims process and your entitlements.
2. Request assistance in filling in a claim application form and compiling necessary documentation i.e. medical report, images of injuries, accident report etc. This is a crucial and often determining factor in the Injuries Board’s decision to accept or reject a claim.
3. Forward your application form to the Injuries Board of Ireland within 3 months of the incident leading to your injury/ illness.
4. The Respondent (person who you are making a claim against) should receive notification of your claim from the Injuries Board.
5. The Respondent, usually represented by an insurance company, agrees to the assessment of your claim by the Injuries Board.
6. You may need to attend a medical assessment carried out by an independent represented for the Injuries Board.
7. The Injuries Board assess the amount of compensation (monetary value of your claim).The Claimant and Respondent both accept the amount of compensation.
If the respondent does not agree to an assessment by the Injuries Board or if either side rejects the Board’s award, the matter can then be referred to the courts. Contact us today to see if you have a case to bring a cosmetic surgery claim through a solicitor.