Cosmetic Surgery Negligence

The cosmetic surgery industry has seen considerable growth over recent years, and is estimated to be worth £2.3 billion a year. Despite the economic recession, more cosmetic surgery procedures are being carried out in the UK than ever before; in 2010, according to the British Association of Aesthetic Plastic Surgeons, 38,274 procedures were carried out, a 5% increase on the previous year. This figure excludes the so-called ‘lunchtime procedures’ such as botox, chemical face peels, and laser hair removal.

With the increase in operations, there has also been an increase in the number of ‘botched’ procedures taking place, arising from negligence on the part of the surgeons and medical staff. Doctors and nurses working in the private sector still owe the same duty of care to their patients as those working within the NHS.

With the majority of cosmetic surgery operations being undertaken on a private, fee paying basis, victims of negligent treatment are able to sue on a breach of contract basis. In 2002, in response to concerns over negligent cosmetic surgery treatment, the Care Standards Act came into force, introducing a new body, the National Care Standards Commission, to regulate private clinics and ensure that national minimum standards are adhered to. It aims to ensure that all practitioners are appropriately recruited, trained and qualified, that patients are offered counseling and a fortnight ‘cooling off period’ before any treatment takes place and that all private hospitals and clinics should have a formal complaints procedure.

Some of the common areas of negligence within the cosmetic and plastic surgery fields include:

• unexpected scarring following operations such as facelifts, breast implants and uplifts, breast reduction and liposuction
• unevenness after breast implants, breast reduction or uplifts
• infections following surgery
• injury to the nerve and problems with eye sight following laser eye surgery

Cosmetic surgery aims to make people feel better about themselves. Mistakes, ‘botch jobs’ and negligent treatment all undermine this aim, sometimes leaving people scarred for life and in a worse position than they started.

If you feel that you have suffered negligent cosmetic surgery treatment, contact Anne Maguire by calling 01908 692769 or by email at amaguire@geoffreyleaver.com.