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Botox compensation claims are made when an individual takes legal action against a cosmetic surgeon for providing him or her with substandard care leading to harm or complications following a botox procedure.
Botox injections are a form of non-surgical cosmetic treatment which many people opt for to achieve a tighter wrinkle free skin.
A Botox procedure is a form of non-surgical cosmetic procedure which many people undergo to achieve a tighter wrinkle free skin. It is becoming a popular option because it is a low cost, quick and quite simple solution to slowing ageing appearance without having to undergo surgery.
Despite the concerns about the standard of care provided in the cosmetic sector, botox procedures are on the rise in the UK. It has been discovered that there is a lack of adequate regulations over the kind of botox injection used and the expertise of the surgeons who perform these procedures. This has led to a rise in the number of complications that have taken place after a botox procedure. Although the procedure is seemingly safe, the procedure comes with its risks and potential side effects.
What Is Botox?
Botox is a drug that is made from a neurotoxin called botulinum toxin. This neurotoxin is produced by the bacterium Clostridium botulinum. Botulinum toxin is not only used for botox procedures but also used on treating other medical conditions such as chronic migraines, incontinence, rapid eye movement, muscle spasms, cerebral palsy and excessive sweating.
Botox injections are injected to remove wrinkles by paralyzing the muscles temporarily. The botox injection is administered by diluting the powder in saline and injecting it directly into the neuromuscular tissue and takes between 24 to 72 hours for the drug to take effect. The procedure which takes about 30-45 minutes involves giving about 12-20 injections in the vertical lines between the eyebrows and the crow’s feet.
Botox works by stopping the release of the neurotransmitter acetylcholine. This chemical messenger has to be released at the junction where the nerve cells meet muscle cells to cause the muscles to contract. When botox is injected, it reduces the muscle contraction allowing the muscles to become less stiff.
Gradually, the nerves rebuild the ability to release the neurotransmitter acetylcholine and the muscles eventually regain their ability to function over time. The effects of the injected neurotoxin last for between two and six months.
If you or your loved one has suffered pain or avoidable complications as a result of botched botox, our expert team of specialist cosmetic injury claims solicitors are here to help you by making a free assessment of your claim and help you make personal injury claims against your surgeon.
Botox Procedure Side Effects
Botox procedures should be performed by highly trained cosmetic surgeons who have a perfect knowledge of the facial anatomy so that the botox injections are injected correctly. When this is done correctly, it prevents cases of forehead botox gone wrong, botched botox crow’s feet or face fillers gone wrong.
Where you receive substandard botox treatment or illegal botox injections where used, you may be entitled to make an operation gone wrong claim.
As with any procedure that involves piercing the skin, the botox injections come with their side effects. In some cases, patients may experience general short-term side effects such as flu-like symptoms and possible bruising around the injection area. The effects of the botox treatment become visible between three to five days while the full benefits of a botox treatment may take up to 2 weeks to be felt.
The side effects of a botox injection include-
- Temporary drooping of facial muscles.
- Blurred or double vision.
- Reduced facial movement
- Allergic reactions
- Swelling around the injection site
- Temporary numbness
- Eye drooping
- Neck weakness
- Flu-like symptoms
Can Botox Go Wrong?
Yes, your botox procedure can go wrong for various reasons which border on negligence from your cosmetic specialist.
Botox negligence refers to actions or inactions of your cosmetic surgeon during your botox procedure which caused you avoidable harm and complications. The cosmetic industry is not as strictly regulated as other medical fields but this does not mean that you should not receive the appropriate standard of treatment. Your cosmetic surgeon owes you a duty of care and if they fail to perform your botox procedure to the proper standards of medical practice, you may have a valid claim for a botox compensation claim.
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In order to be successful with a botox compensation claim you must have suffered harm as a result. Examples of botox negligence include:
- Injecting more botox than is required
- Injecting the substance into the wrong site
- Failing to advice patient on the dos and don’ts after the procedure
- Failing to warn the patient about the risks involved
- Unnecessary facial scarring due to negligence
When Botox Goes Wrong
Despite being a very popular and quite simple cosmetic procedure, which has worked perfectly for so many people, things can go wrong and leave the patient in significant distress, pains and complications.
When your botox goes wrong because of surgeon negligence, you have grounds for botox compensation claims.
There are several botox gone bad side effects which can happen as a result of negligence. These include;
- Difficulty in eating
- Permanent paralysis or disfigurement
- Very severe headaches
- Impaired vision
- Severe Scarring
- Frozen facial muscles
- Excessive swelling
- Allergic reactions
- Loss of speech
- Breathing difficulties
How Do I Make Botox Compensation Claims?
In order to make botox negligence claims, you need to prove that;
- Your cosmetic specialist owed you a duty of care
- This medical professional breached that duty of care
- The breach of duty of care caused you harm, distress or other complications
Claiming Botox Compensation
Claiming compensation for cosmetic negligence or personal injury such as a Botox injury is not always as straightforward as many other medical negligence claims.
There are two different scenarios to consider while making clams-
- Failure of the surgeon or hospital involved to deliver on specific promises such as the expected results of their Botox treatment. Here, there may not be physical injuries but you can make claims for failed promises, distress and dissatisfaction.
- Clear negligence such as poor treatment procedure, treatment performed by unqualified medical personnel, failure to explain to the patient potential side-effects and allergic reactions and obtain their informed permission.
Where this has led to specific injuries, you can make personal injury claims for the pain, injury and suffering in addition to the distress and psychological trauma you may have suffered.
Therefore, to prove negligence in a Botox injury claim, it is necessary provide details of the following-
- Evidence of specific promises and expected results
- If you were given warnings on side effects or not
- The manner the procedure was carried out
- The cosmetic specialist who performed the procedure
- The nature of injuries sustained including photographs where possible
- Details or further treatment you need to correct the error
At Medical Negligence Direct, we will assign to you a personal injury solicitor who can assist you make available these documents and all other evidence you need to prove your claims.
The process of making botox compensation claims involves-
- Speaking to your solicitor for a free claim assessment and legal advice
- Funding your claim after all evaluations proved that indeed you suffered from botox negligence
- Gathering all evidence needed to substantiate your claims
- Write a letter of claim to the defendant and get them to accept liability (and where they fail to do so, the claim is lodged in court for trial before a judge and jury)
- Settlement Negotiations and payment
Botox Injury Compensation Payout
Like every other medical negligence or personal injury claim, compensation payouts for a botox injury claim are not fixed. They vary with each case according to the type of negligence suffered, the severity of injury sustained, the location of injury as well as the impact of the injury on the life of the victim. These are generally known as General Damages.
Compensation also covers expenses made out of pocket, other financial losses incurred, costs of further corrective medical treatment, therapies and rehabilitations where necessary as well as other assistive devices that may be required if the victim has suffered from a disability following the negligent treatment. These are generally classified under Special Damages.
Since the majority of botox procedures happen around the facial area, compensation payouts for botox negligence fall majorly under facial injury compensation.
Botox Injury Compensation Amounts
|Type Of Injury||Compensation Amount|
|Trivial scarring||£1,600 and £3,310.|
|Relatively minor significant scarring||£3,710 and £12,900.|
|Significant scarring requiring plastic surgery, in addition to relatively minor psychological issues||£8,550 up to £28,240.|
|Less severe scarring where there is substantial facial disfigurement as well as psychological issues||£16,860 up to £45,440.|
|Very severe scarring resulting in severe disfigurement and severe psychological issues especially in victims in their mid-30s||£27,940 up to £91,350.|
|Botched Botox treatment leading to impaired vision||£2,070 for minor and up to £51,460 for serious impairment|
|Blindness caused by Botox treatment||£252,180.|
These compensation amounts do not include special damages which can be extremely high in some negligence cases.
No Win No Fee Botox Compensation Claims
Our team of expert cosmetic negligence claims solicitors, specialists in Botox compensation claims are able to represent you under our No Win No Fee policy which allows you to seek justice without having to pay legal fees before or during the entire claims process. Even if the case is not successful, we will not require you to pay us a penny.
However, when your botox claims are successful, we will take out 25% of your total compensation award as “success fee”, while you receive the rest.
Botox Negligence Compensation Claims Time Limit
The Limitation Act of 1980 stipulates only a three-year window for you to make your botox compensation claim. This limitation period which applies to all cosmetic surgery or personal injury claims starts from the date of the negligent treatment or when you became aware of it.
The exceptions to this rule are;
- For a victim who is younger than 18, the individual has until his or her 21st birthday to make a claim as the three-year time limit only comes into effect when a person comes of age.
- Again, a victim who is unable to make a claim because of physical or mental incapacitation, may be given more time until the person is able to make a claim
However, for the two categories above, a loved one (litigation friend) can make claims on behalf of the victim. We are here ready to give you more explanations about how to make claims for a loved one and what you need to make such claims if you have concerns about that.
You can contact us today by completing our quick Free Claim Assessment Form or call us on 0800 644 4240 for a no obligation assessment of your claims.
Frequently Asked Question about Botox Compensation Claims
Can You Sue For Bad Botox?
Of course, you can. Where you have suffered avoidable complications, serious side effects following you botox procedure, you can take legal actions against whoever performed the procedure.
How Long After Botox Does It Settle?
The side effects of a botox procedure will most often settle within 1-2weeks. Within this period, you may feel tightness in your face, changes to your facial expressions and how your face responds to the lifting up of your eyebrows. You will begin to see the results of your botox treatment after two weeks.
Why You Should Not Get Botox?
While it is not a bad choice to have a procedure done on your face to improve your appearance, there are effects of doing too much botox on your forehead. The muscles of the forehead tend to get weaker and flatter. Additionally, the skin can also appear more loose and thinner. When your muscles become weaker, they may need other surrounding muscles to act when you make facial expressions.
What Should You Not Do After Botox?
Your surgeon or cosmetic specialist should be able to tell you what to do and what not to do after getting a botox.
The don’ts include;
- Avoid massaging the area where the procedure was performed and avoid make-up as much as possible
- On the first night after the botox, avoid sleeping on your face
- Avoid partaking in exercise or strenuous activity within the next 12hours
- In the next 24hours after your procedure, avoid excessive alcohol intake
- Avoid having beauty treatments such as facial massage within two weeks as this may cause the botox to spread to surrounding muscles
- Do not expose yourself to strong sunlight or very cold temperatures for the next 2 weeks