When does a bad non-surgical result become clinical negligence?
Written by Wilkes
Have you or a loved one undergone treatment to enhance or augment your appearance, and it’s not quite how you expected it?
Or, if you’ve experienced neglectful service, physical harm or emotional damage from non-invasive or minimally invasive treatments like botox or fillers? You may be able to make a clinical negligence claim.
We’ll explain what clinical negligence means in the realm of non-surgical cosmetic procedures, the signs to spot if your treatment hasn’t been carried out properly, and the steps to take towards claiming compensation.
The rise of non-invasive beauty treatments
Popularity for non-surgical alterations, or ‘tweakments’, like botox and dermal fillers, has soared in recent years.
Research has shown that preventative treatments among younger people are increasing and that facial aesthetics in particular have spiked as a result of changing beauty standards and the impact of social media.
Many people now opt to travel abroad for procedures in countries like Turkey, Mexico, and Thailand due to lower costs compared to the UK.
The British Association of Aesthetic Plastic Surgeons found that 83% of 103 patients cited the lower cost of procedures for going abroad, with 57% paying less than £5,000 for surgery, travel, and accommodation.
But a consequence of these ‘cheaper deals’ also means an influx of insufficiently ‘trained’ technicians taking advantage and hoping to turn your money into theirs.
If you’re looking for qualified and accredited practitioners, Save Face is the only government-approved register for non-surgical cosmetic treatments.
Regulatory boundaries are blurred in the aesthetics industry due to a lack of structured legislation.
The UK government has acknowledged this fragmented environment and recently implemented the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021 – but there are still unfortunate cases that fall through the legislatorial cracks.
There have been public calls in the media for the UK government to act on negligent non-surgical cosmetic procedures, as reported here by ITV News. Maryum Mohammad underwent a routine chin filler procedure, which resulted in permanent scarring and potentially life-threatening complications.
What is clinical negligence?
Clinical negligence, also known as medical negligence, is when a medical professional, practitioner, or organisation fails to meet or breaches this legal responsibility of providing a reasonable standard of care.
For any legal action to follow clinical negligence, it must be proven that:
- A duty of care was owed to the patient by the practitioner
- That duty of care was breached
- The patient was caused harm as a result
This can be proved by evidence of:
- Neglect and judgement errors
- Mistakes, accidents, and errors
- Poor operational management and unsanitary conditions
- Incorrect treatment
- Poor or insufficient aftercare
- Pain, injury or disfigurement
- Failure to consent a patient properly to their treatment
- Failure to perform adequate psychological assessment prior to treatment
If your care has been below a reasonable standard and you have evidence of this, contact our medical negligence team to find out if you’re eligible to make a claim.
How do you know if your cosmetic procedure isn’t right?
You hoped to boost your self-confidence and feel more comfortable in your appearance, or maybe you wanted to improve your well-being. But something isn’t right.
You haven’t healed as quickly as you should have, or your primary contact ignores your calls about aftercare.
You might also have slight numbness, excruciating pain, or extreme swelling and disfigurement.
Did your practitioner or technician slip during the procedure? Did they say “oops” or perhaps mumble their treatment explanations? You may have experienced cosmetic treatment gone wrong, also known as ‘botched’ surgery.
Common injuries from cosmetic procedures:
- Facial or body disfigurement
- Nerve damage
- Infections and wound issues
- Psychological impact
Alongside the physical effects of a botched cosmetic surgery also comes the financial impact of corrections and medication, and the deterioration of emotional well-being.
As soon as you recognise your health and recovery aren’t as expected, you could have the basis to make a claim. When you speak with an expert at Wilkes, we’ll guide you on the next steps to take.
What types of non-surgical treatments can you make a clinical negligence claim for?
This non-exhaustive list of non-surgical treatments that you could pursue a clinical negligence claim includes:
- Dermal fillers
- Botox
- Chemical peels
- Non-surgical rhinoplasty
- Injection lipolysis
- Laser treatment
How do you know if you can make a clinical negligence claim?
To ensure your claim adheres to the UK’s legal framework, it must have been within three years of your non-invasive treatment or from the date you became aware the treatment was performed negligently known as your date of knowledge.
How do you make a medical negligence claim from a cosmetic procedure abroad?
Cheaper non-surgical treatments abroad may seem appealing, especially when you can tie it in to a holiday.
However, if your procedure goes wrong, it can prove difficult to claim against the clinic or provider you attended.
Before you travel to your appointment, the NHS advises you have a consultation with the surgeon, and you never pay for a hospital or clinic you’ve never seen or a practitioner you’ve never met.
But, if you’ve unfortunately encountered problems with your non-surgical procedure or your practitioner, you should follow these steps to start the compensation process:
- Make contact with our medical negligence team
- Make a written complaint to the clinic
- Gather evidence, such as medical records, to share with the team – alternatively we can do this for you
- Keep photographs of your injuries as they progress and any evidence of the incident, e.g. from text or WhatsApp messages
- Don’t pay in cash – use a credit card and you have protections from botched treatments under Section 75 of the Consumer Credit Act and report the issue to the credit card provider so they can deal with it
Looking for more clarity on how to start a non-surgical clinical negligence claim?
It can be a traumatising time deciding whether to pursue any type of medical negligence claim.
You need someone who can listen to your unique situation and can manage the complexity of challenging medical organisations.
We are specialist solicitors in cosmetic injury law, and we’ll support you through your journey to recover the compensation you deserve to rebuild your life.
We will assess your claim from the outset, obtain many relevant medical records and instruct a specialist medicolegal expert to comment on your injuries, the negligence and any losses you sustained. We will then present your case to the defendant and advise and guide you through the claims process.
Contact Kate Campbell-Gunn at [email protected] or 07929 866 248 to discuss your situation in more detail.