Cosmetic Surgery
A cosmetic surgery procedure which goes wrong, if caused by the doctor’s negligence, can be the subject of a claim. Where surgery goes badly the result can have irreversible effects on a person’s life. In such cases, just as in any personal injury case, negligence must be established. Operations can, however, fail to achieve their desired results and may not necessarily be due to any negligence on the part of the surgeon.
Common examples of cosmetic procedures are:
· Botox;
· Lip fillers
· Breast Implants;
· Removal of Scars,
· Blemishes,
· Birthmarks;
· Face Lifts;
· Liposuction
The level of damages can vary for example where a person’s livelihood is adversely affected by the injury like a fashion model. An actor/actress is likely to get higher damages because it can affect or even end their career.
Early action is advisable. Consult your GP to get their assessment of the injury or pain and whether it was caused by the procedure.
Keep a record or diary of the effect of the injury on a daily basis. Keep records of the consultation date you saw the cosmetic surgeon, date(s) of the procedure and after treatment. This will be very important for a judge in determining the extent of the injury.
Damages
Pain and long term discomfort is taken into consideration in the assessment of damages. Expert witnesses are usually called to give their opinion of the procedure in question, whether it was carried out properly and their opinion of the long term effects.
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