Cosmetic Surgery Claims Solicitors
Cosmetic Surgery in Ireland has experienced a surge in popularity over the last three decades.
Cosmetic Surgeries are now more widely available than ever before.
If you have undergone a cosmetic procedure that has gone wrong, contact the Cantillons Medical Negligence team today. Our team have many years of assisting clients in Ireland and will help you with your Compensation Claim.
What Is Cosmetic Surgery?
Sometimes referred to as Plastic Surgery, Cosmetic Surgery is a form of surgery that alters a person’s appearance.
Cosmetic Surgery, generally speaking, is for aesthetic reasons and Plastic Surgery is medically required procedures, for example skin grafts following burn trauma or breast reconstruction following cancer.
Cosmetic Surgery can be performed by a Cosmetic or Plastic Surgeon. Non-invasive cosmetic procedures are often provided by Surgeons, Doctors, Dentists and Beauty Therapists. In Ireland, Doctors and Surgeons are regulated by, and must be registered with, the Medical Council of Ireland.
Types of Cosmetic Surgery include:
- Facelift (rhytidectomy);
- Nose job (rhinoplasty);
- Dermal Fillers;
- Botox;
- Microdermabrasion
- Chemical peels
- Laser hair removal
- Tummy tuck (abdominoplasty);
- Breast reduction (male/female);
- Breast implants;
- Liposuction or fat removal;
- BBL Surgery (Brazilian Bum Lifts) – BBL surgery is one of the most controversial cosmetic surgeries as it carries high risks. The procedure involves having fat deposits (or fillers) injected into the patient’s buttocks from another area;
- Gastric Band surgery;
- Ear pinning;
- Labiaplasty;
- Tattoo removal.
Types of Plastic Surgery include:
- Cleft lip;
- Cleft palate;
- Skin grafting (burn treatment);
- Reconstructive surgery (body defects/disease);
- Deroofing surgery (sinus tracts/hidradenitis suppurativa).
What is a Cosmetic Surgery Claim?
A Cosmetic Surgery Claim (sometimes referred to as a Plastic Surgery Claim) is a claim for financial compensation brought by a patient who has been injured during a cosmetic procedure as a result the Surgeon’s, Doctor’s, Dentist’s, Beauty Therapist’s the HSE’s and/or the private hospital’s negligence. Cosmetic Surgery Claims are a type of Medical Negligence Claim.
The negligence on the part of the Doctor, Dentist, Beauty Therapist or hospital can arise before, during or after surgery/procedure.
Examples of negligence include:
- Carrying out a procedure below the acceptable standard required.
- Recommending an unsuitable procedure.
- Failing to properly explain a procedure to a patient. A patient must fully understand the risks of surgery before agreeing to a procedure.
- Failing to ensure proper aftercare, which can lead to infection and unnecessary pain.
Examples of Cosmetic Surgery Injuries?
Many Cosmetic Surgery Injury Claims come about following injuries caused during the surgery. These injuries can be painful, disfiguring and upsetting for a patient.
Cosmetic Surgery injuries include:
- Scaring;
- Disfigurement;
- Bruising;
- Chemical burns;
- Blood clots;
- Infections,
- Damage to soft tissue;
- Nerve damage;
- Damage to organs;
- Blood poisoning;
- Filler migration;
- Permanent hair loss (hair transplant treatments);
- Loss of sight or double vision (eye surgery).
Who Can Claim?
Anyone who has undergone a Cosmetic Surgery, Plastic Surgery or undergone a cosmetic procedure which was not carried out to the appropriate standard and suffered an injury as a result may be in a position to bring a Cosmetic Surgery Claim.
How Long Do I Have To Make A Cosmetic Surgery Claim?
There are very strict rules on how long you have to make a Cosmetic Surgery Claim. In Ireland, the time limit is two years from the day of injury. There are some exceptions to this, including if you did not know a wrong had been committed until a later date (the date of knowledge), then the time limit will run from the date you discovered this wrong. Further, if you did not initially know you suffered an injury, then the time will only start from the date you became aware of the injury.
When you have a Cosmetic Surgery Claim to make, it is essential that you start the process as soon as possible.
For children and infants, the time limits laid out by the Statute of Limitations are different. One option is that a parent of the child can bring the case on their behalf soon after the injury. The other option is to wait until the child’s 18th birthday, when the child then has two years to bring the claim. This may not always be advisable. If your child has suffered an injury, speak to a Solicitor before deciding when to make the claim – the compensation which may be awarded if the case is successful may go a long way in assisting the child with the injuries.
How Do I Make A Cosmetic Surgery Claim In Ireland?
Making a Cosmetic Surgery Claim in Ireland has three main stages:
- Contact Your Solicitor
The first step in making a claim is to contact your Solicitor. Your Solicitor will ask you to tell them in detail about your Cosmetic Surgery experience. They will then outline the claims procedure, your case potential and ask you if you wish to proceed.
When making a Cosmetic Surgery Claim (or Plastic Surgery Claim) in Ireland it is essential that you are represented by experienced Solicitors. At Cantillons Solicitors, our team have decades of experience in dealing with Irish Cosmetic Injury Claims. We understand the sensitivity you might feel having experienced a mismanaged surgery and we guarantee discretion and confidence.
- Evidence Collection
The next stage is to collect evidence. Your Solicitor will assist and advise with this stage.
Your solicitor will require the details of the facility where the procedure took place, surgeon, doctor or therapist who carried out the procedure and your medical files (which they will request). It is advisable to take pictures of any injuries as soon as possible and to furnish them to your Solicitor.
- Your Solicitor Submits The Claim
Having collected your statement and evidence, your Solicitor will submit a letter of claim. This letter is sent directly to the person/entity whom the claim is made against. This letter will contain details of your claim and seek financial compensation for your injuries.
If the offending person/entity does not pay the compensation sought, the next step is to proceed to Court. In some instances, it may be necessary to submit the claim, in the first instance, to the Injuries Resolution Board.
Contact Our Medical Negligence Solicitors in Cork
If you are looking for a Cosmetic Surgery Claims Solicitor, please contact Cantillons Solicitors using the contact form below, call us on Cork +353 (0)21 4275673 or Dublin +353 (0)1 264 1802 or email us at info@cantillons.com for more information. Our offices are located at 39 South Mall, Cork and 31-36 Ormond Quay Upper, Dublin. We do, however, represent clients from all over Ireland. Should you be unable to attend our offices, we are more than happy to travel to you, or conduct the meeting on Zoom.
* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Many Personal Injury Solicitors portray themselves as “no win no fee Medical Negligence Solicitors Cork”. This term can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.