By Kate Campbell-Gunn, Associate Solicitor
“Working from home” became part of the new normal for many when the country entered a national lock down on 23rd March 2020. As video calls replaced face-to-face conversations, how people looked, or thought they looked, began to take on a greater significance.
The term “Lockdown face” has been coined by cosmetic surgeons to explain a reported surge in requests for consultations as people seek to improve their appearance.
While the number of people opting for surgical and non-surgical procedures is increasing, it’s important to remember that negligent surgery or treatments can be devastating and can result in permanent physical and psychological damage.
It is essential to carry out extensive research before undergoing any kind
of cosmetic surgery or treatment:
- Experience and qualifications: make sure that the surgeon or practitioner has the relevant qualifications to carry out the procedure.
- Location: cosmetic surgeries or treatments must be carried out in a hospital or other accredited surgical facility. Check that the location is appropriately licenced.
- Insurance: ensure that the surgeon or practitioner has full insurance in place at the outset of the matter. Without that insurance, if anything goes wrong options for recourse may be limited.
More general considerations include:
- Will the results be permanent?
- Does recovery call for time off work?
- Will undergoing the procedure have any financial implications such as losing time from work, or needing follow up treatments or care?
What happens if the results don’t meet the expectations?
The first step is always to speak to the surgeon or practitioner who carried out the procedure. It may be that the body needs time to heal before the final results can be seen properly. If that isn’t the case, this would be the time to discuss a revision procedure with them.
If tackling any concerns directly with the surgeon or practitioner fails to bring about a satisfactory conclusion, there are other options to consider:
- Claim under s.75 Consumer Credit Act 1974: If a payment of £100 or more is made for the procedure by credit card it can be reclaimed under section 75 of the Consumer Credit Act 1974. The credit card company is deemed jointly liable should anything go wrong, but a claim must be made within six years of the procedure being paid for.
- Pursue a medical negligence claim: A medical negligence claim has to prove that a duty of care was established but it fell below the standard expected of a reasonable surgeon or practitioner.
Kate Campbell-Gunn, Associate Solicitor in the Personal Injury and Clinical Negligence team at The Wilkes Partnership, understands that negligent surgery or treatment can be devastating, with unsatisfactory results leaving a legacy of physical and emotional pain. By pursuing a claim on your behalf, Kate would seek to recover funds to meet the costs of any corrective treatments along with any counselling that may be necessary following the ordeal.
Contact Kate on 0121 733 4314 or at [email protected] if think you may have reason to pursue a medical negligence claim.