Compensation for a Cosmetic Surgery Error
This article contains information about claiming compensation for a cosmetic surgery error when you have undergone cosmetic surgery and suffered an injury due to the poor professional performance of a medical practitioner. As you will see from the information below, no two claims for cosmetic surgery errors are the same, and you should always discuss the individual circumstances of your medical injury with an experienced Irish solicitor to determine that you have a claim for cosmetic surgery error compensation which is worth your while to pursue.
Cosmetic surgery is a very precise procedure which, should it go wrong, can have consequences ranging from unsightly scars to a fatal injury. As revision surgery for a cosmetic surgery error can be an expensive procedure, it is important that you receive an adequate settlement of compensation for a cosmetic surgery error – not only to repair the damage inflicted on you due to medical negligence, but also to compensate you for any pain you may experience during or after surgery, and the consequences that the cosmetic surgery error have made to your quality of life.
Establishing Medical Negligence for a Cosmetic Surgery Error
Medical negligence for a cosmetic surgery error can manifest in many ways – and not always caused by the medical procedure you have undergone. Failing to screen for pre-existing conditions, which can result in complications during cosmetic surgery, is a significant factor in cosmetic surgery error compensation claims as is a lack of information prior to surgery advising a patient of the risks involved. Failing to inform a patient of the special precautions necessary to prevent post cosmetic surgery infections or injuries is also classified as medical negligence and would qualify you to make a claim for compensation for a cosmetic surgery error.
In order to establish that medical negligence has been responsible for a cosmetic surgery error your solicitor would engage the services of an expert cosmetic surgeon, who would ascertain whether you have suffered an injury which “in the circumstances and at the time” could have been avoided with greater care. If a preventable injury has been sustained, which is not attributable to your own lack of care, you will be able to make a claim for cosmetic surgery error compensation.
Procedures for Claiming Cosmetic Surgery Error Compensation
The procedure for claiming cosmetic surgery error compensation is that your solicitor will send a Letter of Claim to the negligent cosmetic surgeon, advising him or her that you are making a claim for a cosmetic surgery error and supporting your claim with the evidence collected of medical negligence. If your claim for a cosmetic surgery error is particularly strong, your solicitor will invite the negligent cosmetic surgeon to make an offer of compensation – as medical negligence compensation for a cosmetic surgery error is not assessed by the Injuries Board Ireland.
If medical negligence is admitted, and an offer of compensation for a cosmetic surgery error is forthcoming, your solicitor will advise you whether the offer represents a fair and adequate settlement of cosmetic surgery error compensation or recommend that he or she negotiate on your behalf for more. Court action will only be necessary if the negligent cosmetic surgeon denies liability for your cosmetic surgery injury or disputes how much compensation for a cosmetic surgery error your solicitor believes you are entitled to.
How Much Compensation for a Cosmetic Surgery Error?
How much compensation for a cosmetic surgery error you will be entitled to will depend on the nature and severity of your injury in relation to your age and whether any pre-existing conditions were identified prior to you undergoing cosmetic surgery. Both the physical and the emotional consequences of your negligent cosmetic surgery will be accounted for in a claim for a cosmetic surgery error, and it is advisable that you maintain a diary to record the times on which you were unable to complete day to day activities or enjoy leisure and social pursuits because of the consequences of your negligent surgery.
You will also be able to recover financial costs – both past and future – in a cosmetic surgery error claim. These costs can relate to any expenses you have incurred in the pursuit of medical treatment for your cosmetic surgery injury, the cost of revision surgery if required, and other sundry costs that you might have experienced – such as the cost of public transport if the cosmetic surgery error meant that you were unable to drive. Any lost income due to a cosmetic surgery injury if you are unable to work can also be recovered in a claim for cosmetic surgery error compensation.
Cosmetic Surgery Errors and the Statute of Limitations
It is unlikely that immediately after cosmetic surgery you will know whether your operation has been a success or not. It can take several weeks for the scars from your operation to diminish and some cosmetic surgery errors may not manifest for several months after your operation. Therefore, the Statute of Limitations in Ireland – in relation to compensation for a cosmetic surgery error – allows you two years from the date on which you know you have sustained a cosmetic surgery injury in which to make a claim for cosmetic surgery error compensation.
The “date of knowledge” is not the date on which you underwent the negligent cosmetic surgery or noticed any deterioration of your health, but the date on which you are diagnosed with an injury which is attributable to a cosmetic surgery error. Naturally, your first consideration should be to seek treatment for your cosmetic surgery injury, but you should keep any receipts of payments you make for pain relief or revision surgery so that the costs you incur can be recovered in a cosmetic surgery errors claim.
Further Information about Compensation for a Cosmetic Surgery Error
If you believe that you – or somebody close to you – have suffered an injury due to a cosmetic surgery error, you are invited to call our freephone Solicitors Advisory Panel and speak directly to an experienced Irish solicitor. Our solicitor will discuss with you the possibility of making a claim for cosmetic surgery error compensation and try to establish wherever possible that you have a claim for a cosmetic surgery error which is worth your while to pursue.
After speaking with our solicitor you are under no obligation to proceed with a claim for compensation for a cosmetic surgery error, but it is in your best interests to seek professional legal advice at the first practical opportunity. If it is established that you have a viable cosmetic surgery error claim, it could take a considerable amount of time to determine the full consequences of your medical injury and how much compensation for a cosmetic surgery error you could be entitled to. To rush a claim, and be undercompensated for a cosmetic surgery error, could result in receiving insufficient compensation to pay for revision treatment that would reverse the cosmetic surgery error.