I still have unsightly scars after undergoing cosmetic surgery last year. Can I claim compensation for this?

I still have unsightly scars after undergoing cosmetic surgery last year. Can I claim compensation for this?

Cosmetic surgeons are trained medical practitioners, and as such have a duty of care to anybody on whom they operate – irrespective of whether they are in private or public practise. In the event that they demonstrate a poor professional performance, a patient who has undergone cosmetic surgery is entitled to claim cosmetic surgery injury compensation provided it can be proved that the surgeon caused an injury that was avoidable at the time due to a lack of skill or ability to demonstrate that skill.

Scars which fail to heal may not be painful or represent a long term health issue but they can destroy a person´s confidence (especially that of a young female), affect future job prospects and prompt a withdrawal from social activities which ultimately leads to isolation and depression. In these circumstances, it is usually the psychological pain and suffering that is accounted for in a claim for cosmetic surgery injury compensation although, if there is evidence to suggest that job prospects have suffered as well, this factor would be integrated into a cosmetic surgery injury compensation claim.

Making a Cosmetic Surgery Injury Compensation Claim

In order to make a cosmetic surgery injury compensation claim it will be necessary to have photographs from before you underwent the surgery and at intervals thereafter. You will also be asked whether your surgeon advised you that there was the risk of long-term scarring after the operation and what the consequences have been to your quality of life.

In order to prove negligence in a cosmetic surgery injury compensation claim, another surgeon will have to examine you and provide an opinion that the extent of the scarring you experienced was “avoidable in the circumstances at that time” and that the treatment you received was below the standard one could reasonably expect from a competent surgeon.

Claiming for Revision Surgery

One of the options available to you in a cosmetic surgery injury compensation claim is to integrate into the settlement the cost of revision surgery. If successful, revision surgery could remove all evidence of post-operative scarring and enable you to resume to the life you previously enjoyed. If you feel that you are able to undergo a further operation, speak with a solicitor about this course of action.