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Cosmetic Surgery Negligence Cases

It is estimated that some 500,000 cosmetic procedures took place in the UK in 2019.

There is a trend away from the traditional face-lifts and more intrusive procedures towards simpler, temporary treatments, such as those where fillers are injected to modify facial features. For example, liposuction is being superseded by non-surgical body-contouring; where fat cells are either melted by heat application, or frozen.

But whilst these newer procedures do not need the facilities found in hospitals and clinics, it is therefore easier for unscrupulous operators to buy the equipment and rent a room or operate from their own home.

Did you know? This cosmetic industry is completely un-regulated in the UK. Anybody can buy the fillers and inject them into say, a client’s lips, and be within the law.

The Temple Advantage

We have experience of insuring celebrities and models who have suffered the effects of negligently performed tummy tucks, breast enlargements etc. We have also provided ATE insurance cover for many types of failed cosmetic procedures, including –

  • Breast surgery claims
  • Brow lifts claims
  • Ear surgery claims
  • Eyelid surgery claims
  • Facelift claims
  • Laser skin resurfacing claims
  • Nose reshaping / rhinoplasty claims
  • Tummy tuck claims

Our delegated authority scheme for clinical negligence solicitors allows cosmetic surgery claims to be insured in the same way as other types of clinical negligence.  We would expect our solicitor partners to check that the defendant is insured for treatment risks, as part of their risk assessment process.

Issues with Cosmetic Surgery claims

  • Our partner solicitors tell us that a high proportion of these type of claims have to be turned away as the client often has unrealistic expectations from the procedures. They often can be too low in value, unless a substantial claim for loss of earnings can be made out, such as in the case of professional models.
  • The lack of regulation means that defendants are not insured, so not worth pursuing. Or, where they are insured, such as celebrity surgeons who operate internationally, their policies can carry a large excess, which needs to be recovered direct from the surgeon;  another disincentive to taking a case on.

Recent case summaries

  • Cosmetic dentistry – the client paid a dentist £30,000 over the course of many sessions where the aim was to improve her smile with a fine set of perfectly-aligned shiny white teeth. She had shown the dentist a photograph of an actress smiling and asked to have a smile like hers. After all the work her teeth had been permanently damaged by all the filing and re-shaping that she needed remedial treatment elsewhere.
  • Double breast work – a model was having breast implants inserted at a private clinic. The wrong size implants were used, and, in addition, her nipples were wrongly aligned. A second operation was needed, resulting in a longer recovery period and more time off work.

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 Contact Our Experts

We welcome approaches from law firms specialising in cosmetic surgery negligence cases with whom we currently do not work. If you would like more information on our clinical negligence ATE insurance and disbursement funding for these types of case please contact please email david.stoker@temple-legal.co.uk or call 01483 514 808.

 

David Stoker

David Stoker

Senior Underwriter

David Stoker

David joined Temple in August 2015 having previously been an underwriter for another ATE insurance provider for nearly 9 years dealing with all aspects of personal injury work.

David’s experience allows him to undertake a key role in Temple’s ATE insurance personal injury and clinical negligence teams. He also participates in the assessments of delegated schemes that Temple provide with the objective of helping our customers make the most of the products and services Temple has to offer.

David has a LLB honours degree in law and also completed the Legal Practice Course at Guildford College of Law obtaining a commendation. He has worked as a personal injury case handler for 2 firms of solicitors post-graduation before moving into LEI.