As per the International Society of Aesthetic Plastic Surgery (ISAPS), the number of cosmetic surgery procedures performed worldwide reached 34.9 million in 2023, indicating a 3.4% rise in prevalence. While most surgeries are successful, negligence can lead to serious physical and emotional harm. If you've suffered from substandard care during a cosmetic procedure, you may have the right to compensation.
Our team at Michael Boylan Litigation brings over three decades of experience in medical negligence claims, ensuring we handle each case with precision and care. Our team is dedicated to securing the best possible outcomes for our clients. To discuss your case, get in touch with our senior partners, Michael Boylan or Gillian O'Connor.
What Is Cosmetic Surgery?
Cosmetic surgery is a type of medical procedure aimed at improving or enhancing a person’s appearance. Unlike reconstructive surgery, which focusses on correcting abnormalities due to injury, disease, or congenital defects, cosmetic surgery is generally elective and performed to reshape or refine normal body structures for aesthetic purposes.
Common cosmetic surgeries include procedures such as breast augmentation, rhinoplasty (nose reshaping), facelifts, liposuction, and tummy tucks. Non-surgical cosmetic treatments, such as Botox injections, chemical peels, and dermal fillers, are also part of the broader cosmetic surgery field. These procedures aim to enhance an individual's appearance and confidence, yet they entail risks similar to any medical treatment, particularly if executed carelessly.
Is Cosmetic Surgery the Same Thing as Plastic Surgery?
Plastic surgery and cosmetic surgery are similar, but not the same. Here’s a brief summary of the main difference between the two:
- Cosmetic surgery: This focusses on enhancing or improving a person’s appearance. It is elective, meaning people choose to undergo these procedures to alter or refine normal body features for aesthetic purposes. Common examples include facelifts, breast augmentation, and liposuction.
- Plastic surgery: Plastic surgery is a broader field that includes both cosmetic procedures and reconstructive surgery. Reconstructive surgery aims to correct abnormalities caused by injury, disease, birth defects, or trauma. Procedures like cleft palate repair, breast reconstruction after mastectomy, and burn repair are examples of reconstructive plastic surgery.
In summary, cosmetic surgery is a subset of plastic surgery, but plastic surgery as a whole includes both cosmetic and medically necessary procedures.
When Can I Bring a Cosmetic Surgery Negligence Claim?
You can bring a cosmetic surgery negligence claim if you’ve suffered harm or injury due to substandard care during a cosmetic procedure. You must demonstrate that the healthcare provider's breach of duty of care caused the injury in order to make a claim. The circumstances and key elements required to prove negligence are as follows:
Circumstances for a Cosmetic Surgery Negligence Claim
- Poor Surgical Technique: This refers to situations where the surgeon's technique was substandard, leading to unnecessary scarring, deformity, or other damage.
- Inadequate Pre-operative Assessment: Failure on the part of the surgeon to conduct a thorough medical assessment could result in complications that could have been avoided.
- Improper Use of Anaesthesia: Using the incorrect type or dosage of anaesthesia can result in adverse reactions or injury.
- Failure to Obtain Informed Consent: If you were not properly informed about the risks and outcomes of the procedure, or were misled about what to expect.
- Post-operative Complications: If aftercare was inadequate, leading to infections, excessive bleeding, or poor healing.
- Unqualified Practitioner: This refers to a situation where an unqualified or improperly trained individual performed the procedure, potentially causing harm.
In any of these situations, you can file an action for cosmetic surgery negligence against the person who performed your surgery.
Elements Required to Prove Cosmetic Surgery Negligence
To prove your case, you must prove the following elements:
- Duty of Care: You must establish that the healthcare provider owed you a duty of care, meaning they were responsible for providing a reasonable standard of care during the procedure.
- Breach of Duty: The provider failed to meet this standard, such as by making an avoidable surgical error or not following proper procedures.
- Causation: You must prove that this breach directly caused the injury or harm you suffered. There must be a clear link between the provider’s actions and the damage.
- Harm or Injury: You must demonstrate that you suffered physical, emotional, or financial harm as a result of negligence. This could include disfigurement, pain, psychological distress, or additional medical costs for corrective treatment.
If these conditions are satisfied, you might have a claim for cosmetic surgery. Our solicitors can guide you through gathering evidence and pursuing compensation.
The Cosmetic Surgery Negligence Claim Process
To start the process, get in touch with us. Our experienced medical negligence solicitors will review your case and assess whether negligence was involved in your injury. We then gather all relevant evidence, including medical records, photos, and expert opinions, to build a strong case. Once this is complete, we issue a formal letter of claim to the responsible surgeon or clinic, outlining the negligence and the harm caused.
If liability is accepted, we negotiate a fair settlement covering medical expenses, pain and suffering, and any future corrective treatments. In some cases, you may need a medical examination by an independent expert to further solidify your claim. If negotiations do not lead to a satisfactory outcome, we are prepared to take your case to court, where we will advocate on your behalf to ensure justice is served.
Statute of Limitations
In Ireland, the Statute of Limitations (Amendment) Act 1991 sets the time limit for bringing a cosmetic surgery negligence claim at two years. The "date of knowledge," also known as the procedure date or the moment you reasonably became aware of the negligence-caused injury, marks the start of this two-year period.
If you're a minor, the two-year limit doesn’t start until you turn 18, meaning you have until your 20th birthday to make a claim against the negligent surgeon. It’s essential to act quickly and seek legal advice to ensure you file your claim within the allowed time frame.
What Is the Average Payout for Cosmetic Surgery Claims in Ireland?
The Personal Injuries Guidelines outline compensation amounts for various types of injuries, which can be applied to cosmetic surgery negligence claims depending on the harm caused. These amounts are primarily based on scarring, disfigurement, and psychological trauma, making them particularly relevant to cosmetic surgery cases. Although the guidelines don’t explicitly categorise "cosmetic surgery" as a separate type of claim, they provide important compensation brackets for both facial and non-facial injuries resulting from cosmetic procedures.
For facial disfigurement, the compensation ranges from €80,000 to €200,000 for the most severe cases, where disfigurement is highly visible and causes severe psychological effects. For severe scarring, the range is €60,000 to €80,000, while for serious scarring, where plastic surgery helps reduce but does not eliminate the visibility, compensation can be €30,000 to €60,000.
For non-facial scarring, noticeable lacerations or disfiguring scars can lead to compensation of €30,000 to €80,000, depending on the severity and cosmetic impact. Minor cosmetic deficit scars, which are less visible or have a minor impact, can result in compensation of €1,000 to €40,000.
These guidelines are just a guide and provide a framework, but the actual compensation will vary depending on the specifics of each case. They apply to a variety of procedures, including facial surgeries like rhinoplasty and facelifts, as well as non-facial surgeries like breast augmentation and body contouring, ensuring fair compensation for both scarring and psychological harm.
Start Your Cosmetic Surgery Negligence Claim
Whether you’ve suffered due to botched surgery, inadequate aftercare, or improper advice before your procedure, we will help you build a strong case. To ensure you receive proper compensation for the harm you've endured, we will gather the necessary medical records, consult experts, and guide you through the entire claims process. To start your cosmetic surgery negligence claim with Michael Boylan Litigation, contact our senior partners today.
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