Medical Negligence: Plastic surgery claims

Figures suggest that plastic surgery procedures are starting to become popular again, as more people opt to go under the knife. Sarah Stocker, Solicitor in Tees’ medical negligence team in Cambridge, examines the plastic surgery landscape.

If your plastic surgery doesn’t go as planned, you may have options to seek compensation. Many claims arise when doctors fail to adequately inform patients of the risks and potential complications of their procedures. Without this information, you cannot give proper informed consent.

Understanding informed consent

Since June 2016, the surgeon performing your procedure must personally explain the risks and complications to you. This ensures you provide informed consent. Before 2016, other medical staff could handle this discussion, but you should still have been informed of all risks and signed a consent form.

Post-surgery care and support

Even if your surgery is successful, issues can arise during recovery. You should receive appropriate aftercare, including any necessary medication before discharge. Additionally, you must be provided with contact details for your surgeon or a suitably qualified professional for any complications that occur outside of regular hours.

When can you make a compensation claim?

You may be entitled to make a claim if:

  • You weren’t given sufficient information about the risks and complications, preventing you from giving informed consent.
  • Your surgery didn’t meet the expected standards, resulting in ongoing pain, scarring, or asymmetry.
  • An unqualified individual performed your procedure.
  • A defective product, like a faulty implant, was used.
  • You received inadequate aftercare, including missing follow-up appointments, incorrect medication, or delayed treatment for infections.

Trends in plastic surgery

The plastic surgery industry peaked in 2015, valued at approximately £3.6 billion, with 51,140 procedures performed in the UK. However, data from the British Association of Aesthetic Plastic Surgeons (BAAPS) showed a 40% decrease in surgeries in 2016.

Several factors contributed to this decline. Societal attitudes shifted towards embracing natural beauty, amplified by the rise of social media influencers and campaigns featuring diverse body types. Additionally, financial uncertainty led people to be more cautious about spending on elective procedures.

Changes in cosmetic surgery regulations

To improve patient safety and address unethical practices, new guidelines were introduced in June 2016. These rules aim to prevent rogue practitioners from prioritizing profits over patient welfare. Although most procedures are safe, every surgery carries some level of risk.

Risks of plastic surgery

The Royal College of Surgeons defines cosmetic surgery as any invasive procedure performed to alter a person’s appearance for non-medical reasons. Women account for 91% of all cosmetic surgeries. The most common procedures include:

  • Breast augmentation and reduction
  • Eyelid surgery
  • Face lifts and neck lifts
  • Liposuction
  • Rhinoplasty (nose jobs)

Among men, rhinoplasty remains the most popular choice.

The General Medical Council (GMC) has made it clear that doctors performing cosmetic procedures must:

  • Avoid making misleading or exaggerated claims about the procedure.
  • Provide realistic information about the risks involved.
  • Refrain from using unethical promotional tactics, such as special offers or competitions that trivialize the decision.

Surgeons must market their services responsibly, ensuring all advertising is factual and transparent.

Things to consider before surgery

Before proceeding with cosmetic surgery, it’s essential to have realistic expectations about the results and the psychological impact of undergoing an invasive procedure.

Key considerations include:

  • Avoid promises of perfection: A reputable surgeon will not guarantee life-changing results.
  • No pressure: You should never feel rushed or coerced into making a decision.
  • Meet your surgeon: Before your surgery, meet the surgeon who will perform the procedure. They should be fully insured and certified in their area of practice.
  • Check qualifications: Following the 2016 guidelines, surgeons must be on the GMC Specialist Register in a relevant specialty. You can verify their credentials on the GMC website.

The future of plastic surgery

In June 2017, further proposals were introduced to enhance patient protection. These changes would allow patients to confirm if their surgeon has the necessary qualifications through the public medical register.

Currently, any doctor can legally perform cosmetic surgery without formal training. The proposed system would clearly indicate which doctors hold a Royal College of Surgeons certificate in cosmetic surgery.

There have also been calls to ban cosmetic procedures for under-18s after reports emerged of young children being targeted by cosmetic surgery apps. These apps have been criticised for promoting invasive procedures to impressionable young audiences.

Need legal support?

If you have experienced complications before, during, or after cosmetic surgery, contact us today to discuss your options.