COSMETIC SURGERY CLAIMS
While there is no formal definition of ‘cosmetic surgery’, broadly speaking it can be defined as any elective surgical procedure performed for the purposes of enhancing one’s appearance and includes reconstructive surgery.
There are numerous different surgical procedures which fall within the definition of cosmetic surgery, including:
- Face lifts.
- Plastic surgery.
- Hair replacement.
- Laser surgery.
- Abdominoplasty (tummy tuck surgery).
- Blepharoplasty (eyelid surgery).
- Otoplasty (ear surgery).
- Rhinoplasty (nose surgery).
- Rhytidectomy (face surgery).
- Skin resurfacing.
- Breast augmentation and reduction.
- Liposuction.
- Gastric band surgery.
The four most common procedures are breast surgery, nose surgery, eyelid surgery, and liposuction.
Unfortunately, there is presently no regulation whatsoever of cosmetic surgery practitioners in Ireland meaning that there is nothing to stop charlatans and cowboys from performing procedures for which they are ill-equipped or are not properly qualified to conduct. There is no law preventing a newly qualified doctor with a basic degree in medicine from carrying out extremely complex surgical procedures for which they have no appropriate training. Likewise, there is nothing stopping clinics from organising operations without adequate emergency and after-care support.
Even the most simple and straightforward procedure can give rise to significant complications if carried out negligently. The consequences for patients can be extremely serious, including severe pain and discomfort, permanent disfigurement and, in extreme cases, death.
There is an obligation on cosmetic surgery practitioners to ensure that they have made you aware of all the risks and possible complications associated with your procedure before allowing you to undergo treatment.
While the giving of informed consent is important in relation to all medical procedures, it is especially so in the case of cosmetic surgery, where the procedure envisaged is, after all, elective in nature and is not essential. You can only be considered to have given your informed consent if you have received (preferably in writing) and understood clear details of all of the risks and potential complications associated with your intended procedure well in advance and you have had any questions fully answered to your satisfaction.
If the cosmetic surgery was performed without your informed consent, not only will the surgeon be liable to you in damages for medical malpractice if they negligently carry out your surgery, but they will also be exposed to legal and disciplinary sanction for failing to secure your proper authorisation to conduct the procedure.
Sometimes cosmetic procedures don’t produce the cosmetic effect that was hoped for. This, of itself, does not mean that the surgery was performed negligently. However, if you are unhappy with the outcome of your procedure, once we have taken detailed instructions from you regarding how you were treated and we have analyzed your medical records we can advise you as to whether or not you have an actionable claim in medical negligence and, if so, we can issue the appropriate proceedings on your behalf to ensure that you secure the compensation which you deserve.
If you would like to arrange a free initial consultation call John McCarthy now call on 023 883 3348 or email him at john@mccarthy.ie to discuss your case in complete confidence and without commitment.
In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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