Cosmetic Surgery Gone Wrong: Can You File a Case?

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Woman filing a case

Cosmetic Surgery is medical procedure performed by a trained medical professional or surgeon to enhance patient’s physical appearance. The desired outcome is achieved by modifying the size or shape of a particular body part. Common types of cosmetic surgery include breast augmentation, rhinoplasty, liposuction and body contouring or tummy tuck. Many patients undergo cosmetic surgery to boost their self-confidence and gain satisfaction from their appearance.

Men and women alike are becoming more interested in going under the knife, influenced by television programmes featuring celebrities who have undergone cosmetic procedures to drastically improve their appearance. Unfortunately, not all cosmetic surgeries are successful and may even lead to disfigurement requiring corrective treatment. Seth Law Solicitors, a team of legal professionals providing legal advice and representation, explain that a patient who falls victim to cosmetic surgery malpractice has the option to file a lawsuit and/or demand compensation claims against the cosmetic surgeon who performed surgery on him or her.

If you or a person you know is a victim of a botched cosmetic surgery and talking to your surgeon does not solve the problem, you may want to consider seeking legal help from an expert. Medical compensation claims may be complicated and lengthy as doctors and surgeons are likely to insist that they adhered to the standard duty of care when they performed the operation. An experienced personal injury attorney will assist you in this process and make the experience less emotionally and mentally gruelling for you.

Under what circumstances can a cosmetic surgery be considered as a medical malpractice?

In order for you to file a legal complaint, you must prove that a medical malpractice was committed by your cosmetic surgeon. Negligence or malpractice may be evident in the following instances.

Failure to act within the standard duty of care

All health professionals, including cosmetic surgeons, must perform within the medically accepted standard duty of care. This responsibility includes being equipped with the appropriate training and skills so they can competently execute the applicable procedure, recording the complete medical history of the patient and exercising reasonable care and diligence in performing the operation. Failure to communicate the possible risks before the patient undergoes surgery, using defective or outdated equipment and being unable to extend the proper after-care treatment are also examples of negligence.

Errors in procedure

Woman concerned about the outcome

Being unhappy or discontented with the outcome of your cosmetic surgery will not be enough to build a strong case against your surgeon. Procedural errors often lead to injuries such as excessive bleeding, permanent scarring, disfigurement, infection, nerve damage, paralysis or even death. Having a nurse administer anaesthesia or performing the surgery on the wrong body part are also considered as procedural errors.


If the surgery was performed by an unlicensed surgeon or untrained doctor, it may also be considered as a reason to file a legal complaint.

When you file a medical negligence case, you can demand to recover compensation for past medical costs as well as future expenses from further medical treatment and/or reconstructive surgery. Your personal injury attorney or solicitor may also provide you with other types of recoverable costs that you are entitled to, depending on the severity of the injury.

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