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Cosmetic Surgery Claims

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Claims for Botched Cosmetic Surgery

    Cosmetic surgery is a lot more popular now, than it was 10 or 15 years ago. Frankly, there’s not a part of your body today that can’t be ‘adjusted’ or ‘corrected’ or ‘lifted’ or ‘toned down’ with plastic surgery. Although the field has had immense technological breakthroughs, cosmetic surgery is still quite risky simply because trying to change the natural order of things can often backfire. Also, cosmetic surgery requires certain specialised training and practice – something not all doctors, surgeons and attendants have. Therefore if you think you’ve been a victim of clinical negligence while undergoing cosmetic surgery, you can make a cosmetic surgery compensation claim.

    What is defined as negligence in cosmetic surgery?

    In cosmetic surgery claims, medical negligence amounts to any kind of damage to the body that is not reasonably expected or acceptable. This could include:

    • Scarring that is not normal
    • Infections post-surgery
    • Unevenness with implants – body parts losing shape because of improper placement of implants
    • Injury to nerves or surrounding tissues
    • Damage to other parts of the body, as a result of the surgery not happening the way it should
    • Surgical items being left in the body

    Cosmetic surgery claimants can seek compensation for the pain and suffering they had to undergo; medical expenses; lost earnings; expenses due to changes in lifestyle and other expenses directly related to the damage caused by the surgery. In order to make a valid cosmetic surgery claim, your injury lawyer will have to prove that the plastic surgeon, doctors, medical attendants and hospital were legally duty bound to provide you with a certain standard of care which they failed to do, thus causing you physical, emotional and financial damage. This could have happened in many ways – your surgeon may not have had the experience and knowledge required; hygiene practices make have been slack; you may have not been screened efficiently as being a suitable candidate for cosmetic surgery; you may have been ill-advised by the doctor – your lawyer will be able to figure out the reasons and accordingly take up your personal injury claim. As such, it is very important to have an experienced lawyer by your side, who understands medical negligence claims.

    Getting compensation for botched cosmetic surgery

    The amount of compensation you may be entitled to claim for injuries caused by negligent cosmetic surgery will depend on a number of different factors. An experienced personal injury solicitor will be able to explain what you can claim for, to ensure you receive the full amount of compensation that you are entitled to.

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