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Facelift surgery claims describes a situation where an individual sues his or her cosmetic surgeon for being negligent during their facelift surgery leading to avoidable complications, pain and emotional trauma. In this situation, one needs the services of a specialist Cosmetic Surgery Solicitor who will provide professional legal advice on how to go about making a claim if after careful assessment of the claims, it is found that there is strong grounds for a claim.
People who suffer from a botched facelift surgery can be left with very serious physical and psychological consequences. This can lead to loss of earnings as they may not be able to return to work, they may also require further medical intervention or surgery to correct the initial error. This is why it is important that this person contacts a medical negligence solicitor for appropriate legal advice on what to do in such a difficult time.
What Is FaceLift Surgery?
A facelift surgery (rhytidectomy), is a surgery which involves lifting up the skin, deep lying tissues and other facial muscles so as to make the face appear tighter and smoother. In the cosmetic surgery industry, facelift surgeries are the third most commonly requested after breast enlargement and eyelid surgery.
During a facelift surgery, which is usually performed under general anaesthesia, the surgeon makes incisions above the hairline at the temples and runs down the front of the ear, then goes around behind the ear lobe and then towards the lower scalp.
To reduce swelling and bruising, surgeons will usually apply bandaging which will stay for about 2days, then the stitches will be taken out after about 7 to 8days. When a cosmetic surgeon performs a bad surgery, the results can be quite traumatic.
Most often, a facelift surgery is undertaken for purely cosmetic reasons and like every surgical procedure, comes with its degree or risk. However, this does not absolve the hospital or surgeon from any potential facelift negligence compensation claims in the future if anything goes wrong. If you suffer injuries, pain and trauma that were avoidable, then you may have grounds to make a Negligent Facelift Compensation Claim.
Regulating Privately Owned Clinics That Carry Out Cosmetic Surgery Procedures
As a rule, the NHS does not carry out cosmetic facelift surgery but in some exceptions, some procedures can be carried out. The Health and Social Care Act 2008 states that all private cosmetic surgery clinics in England must be registered with the Care Quality Commission to be legally recognized. Therefore, it is expected that the registered private clinics provide the right quality of care to patients and meet the Care Quality Commission safety and quality obligations.
The annual inspections of the Care Quality Commission goes a long way to clamp down on the activities of poorly trained cosmetic surgeons which are quite easily found in the cosmetic surgery industry. However, annual visits may not be enough to completely stop the activities of unskilled practitioners, especially as the number of private hospitals continues to increase.
Therefore, if you have suffered a failed facelift surgery as a result of poor levels of safety or poor quality of care in a private hospital, then you may likely have strong grounds to make a compensation claim.
Proving Negligence In A Facelift Procedure
A very sensitive area in proving medical negligence in cosmetic surgery including facelift surgery is usually about failing to meet promised results after a facelift surgery. If the hospital did not specifically make assurances on the after-surgery results, then the grounds for obtaining compensation are limited. If, on the other hand, the private clinic promises specific results and fails to meet those results, then there is more grounds for compensation for physical, financial and psychological damages.
Cosmetic surgeons are therefore prohibited by UK regulations from making such promises of improvement as the results of a facelift procedure. All cosmetic surgery procedures must however be carried out by well trained and licensed medical practitioners and when they fail in their duty of care towards their patients, can result in substantial compensation payments. Furthermore, when a failed procedure was carried out by an unqualified medical practitioner, they could face both civil and criminal charges.
The onus now lies on the plaintiff to prove that the clinic or surgeon is responsible for the botched facelift through acts of negligence. To make things easier, you may have to provide a detailed record of meetings held as well as specific promises of certain results after the procedure.
A successful facelift compensation claim can help you pay for any corrective surgery you require, while compensating you for the physical and psychological damage you have suffered.
Reasons For Facelift Compensation Claims
Various acts of negligence which come in diverse ways can give an individual valid grounds for making a claim. Very importantly, the surgeon should discuss with you the risks associated with the procedure and make a thorough review of your medical history as there are health conditions that put you at more of a risk for a facelift surgery.
For example, if you do smoke, your surgeon would advise you to stop smoking for at least two weeks before the procedure. Also, other surgery plans should be discussed with you including type of facelift, where to have the incisions and type of anaesthesia. Failure to discuss these risks with you before surgery may lead to avoidable complications and for which you can make claims.
Other negligent actions include;
- Poor surgical technique
- Use of non-sterilized surgical tools
- Negligent treatment of the patient
- Failure to take appropriate precautionary measures
- Clinical errors leading to unnecessary injury to the face
- Failure to do appropriate follow up on the patient
- Lack of instructions regarding aftercare to prevent postoperative infections
Effects Of Negligent Facelift Surgery
When a cosmetic surgeon is negligent while carrying out a facelift surgery, the following complications can occur;
- Avoidable and prolonged Pain
- Uneven features or Facial asymmetry
- Skin discoloration
- Loss of skin or hair
- Damage to facial nerves
- Severe disfigurement and scarring
- Abnormal bleeding (haematoma)
- Psychological trauma
- Injuries to other parts of the face such as ears, eyes, mouth, or nose.
- Numbness of the sensory or motor nerves of the face such as ear numbness
- Asymmetrical ears, known as pixie ear deformity
- Over-tightening of skin
- Bad thread lift
Can I Make Botched Facelift Compensation Claims?
Of course, you can. If you have been let down by your surgeon which has caused you to suffer unnecessarily after your facelift surgery, then you can make a negligent facelift compensation claim. It is your legal right to do so. We encourage you to do this early enough as there is a limited time to make medical negligence claims.
Our expert cosmetic surgery claims solicitors in facial surgery claims are very friendly and approachable. They will talk with you, understand your case and make a proper assessment of your claim to determine if you have strong grounds for a claim. They will also support you in any means you require throughout the entire claims process and make sure that you are well compensated for any financial losses, psychological trauma and physical harm you have suffered.
Why Should I Make A Facelift Surgery Claim?
As our solicitors have found out over the years, many persons who make facelift compensation claims are not just making it to obtain monetary compensation for their suffering. They do it to obtain justice for the wrong done to them. They also do it to understand what really went wrong because they don’t receive satisfying responses when they make complaints.
Therefore, making claims can be one way to ensure that such costly errors do not occur again, rather the desired improvements are made.
Furthermore, after a successful claim, you are awarded a deserving compensation for your suffering and pain. The compensation is also designed to cover for financial losses you have incurred, medical expenses for further treatment to correct the mistake, loss of income where you had to give up work.
How Do I Make A Facelift Surgery Claim?
For you to take legal actions against a surgeon for negligent treatment, you have to prove that your surgeon performed below standards and you are suffering because of his or her negligence.
You need to establish the four parts of negligence (duty, deviation, direct cause and damages) and show that;
- Your cosmetic surgeon owed you a duty of care
- Your cosmetic surgeon breached that duty of care
- That the breach of duty has directly caused you avoidable pain and suffering
- You have also suffered other damages physically, psychologically and financially as the injury has impacted your quality of life and general wellbeing
You will have to provide relevant documents to prove your claims. These will include;
- Comprehensive statements detailing the procedure you opted for and why you feel the surgeon failed in his duty
- Medical reports
- Witness statements
- Proof of financial losses incurred
A report from an independent medical expert in the field who will examine you to determine if your surgeon was negligent as well as the extent of damage will also be very vital to proving your claim.
Also, if the surgery did not meet the earlier promised results, you may also be required to bring a proof in that regard.
What Is The Medical Negligence Claim Process?
As with every medical negligence claim process, the process of making a facelift surgery claim starts with you speaking to your medical negligence claims lawyer. They will make a professional assessment of your claims and give you the appropriate legal advice.
If you have strong grounds for a claim, you can proceed to fund your claim with any of the medical negligence funding types as you may be eligible for. Your lawyer will assist you gather documents to prove your claim and then write to the defendants on your behalf.
After deliberations and your surgeon accepts liability, a settlement fee is then negotiated.
The entire claims process are itemized below;
- Contact your medical negligence lawyer
- Fund Your Claim
- Gather your Evidence to prove your claim
- Establish surgeon liability
- Payment of Settlement
How Much Compensation Will I Get For A Facelift Surgery Claim?
The amount of settlement payout you can receive for your facelift surgery compensation claim is not fixed. This is the same with every other medical negligence claim. This is because each case is unique in its own way with its own specifics which determines how much you can receive as compensation.However, our Cosmetic negligence solicitors after a careful evaluation of your case can give you an idea of what you can expect using our medical negligence compensation calculator.
The factors that determine the settlement payout are grouped under two broad categories;
- General Damages: This refers to compensation for factors such as the type of facial injury sustained, severity of the injury, and the impact of your suffering on your quality of life.
- Special Damages: This on the other hand refers to compensation for “out-of-pocket” expenses and other financial losses incurred. It also covers medical expenses for further corrective treatment, loss of income where you had to give up work, future prognosis and other expenses
Average Compensation Amount for Facial Injuries as a result of Negligence
|Type of Injury||Remarks||Compensation Amount|
|Trivial scarring||Injury is minor||£1,500 – £3,090|
|Less significant scarring||Minor scars which do not markedly affect the appearance of the person.||£3,460 – £12,050|
|Significant scarring||Scars are prominent and may need plastic surgery to correct leaving some cosmetic disability and where the psychological impact is minor.||£7,990 – £26,380|
|Less Severe Scarring||Where there is a significant psychological impact on the individual with serious facial disfigurement.||£15,750 – £42,460|
|Very Severe Scarring||In relatively persons where the effect of the cosmetic procedure is very disfiguring and the psychological impact is severe.||£26,120 – £85,340|
No Win No Fee Facelift Surgery Compensation Claims
Our expert Facelift Surgery Claims Solicitors are able to represent you under our No Win No Fee claim policy which allows you to seek justice without any financial implications to you. Thus, you don’t have to pay us any legal fees before or during the entire claims process. Also, even if the case is not successful, you do not have to pay us a penny.
However, if your claims are successful, we will take 25% of your total compensation award as “success fee”.
Medical Negligence Time Limit
The Limitation Act of 1980 stipulates only a three-year window for you to make your medical negligence claim. This limitation period which applies to all medical negligence claims including facelift surgery claims starts from the date of the negligent treatment or when you became aware of it.
The exceptions to this rule however, are;
- If the victim 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 the person becomes an adult legally.
- Also, if the individual is unable to make a claim because of physical or mental incapacitation, then the three-year limitation period will be waived until the person is able to make a claim.
In these two categories, a loved one (litigation friend) can make claims on behalf of the victim and if you have questions or concerns about this, we can give you more explanations about how to make such claims.
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.
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Frequently Asked Question about Facelift Surgery Claims
Can I Get Compensation For Surgery?
If you are able to prove that your surgeon was negligent during your facelift surgery and that is the reason for the suffering, pain and complications you are experiencing, then you will be compensated adequately.
Can I Claim For Nerve Damage After Surgery?
Yes, you can claim for nerve injuries if you have suffered avoidable nerve damage due to surgeon mistakes. Surgeons like other medical professionals owe their patients a duty of care and when they breach that duty, then the patient can take legal actions against them.
Can I Sue For A Botched Surgery?
It is important to note here that you cannot just make claims because the surgery didn’t turn out the way you wanted. However, if the botched facelift surgery is as a result of surgeon mistakes which could very well be avoided and which a competent surgeon wouldn’t make under the same circumstances, then you can sue the surgeon.