LIVE24SEVEN // Business THOMSON & BANC K S – LUC Y SHE R R Y
Safety concerns within a growing cosmetic surgery industry
Lucy Sherry, Solicitor-Advocate and Head of Medical Negligence at Thomson & Bancks Solicitors, talks about some of the pitfalls commonly encountered regarding voluntarily undergoing aesthetic procedures.
Cosmetic or aesthetic treatments typically range from surgical procedures such as nose jobs or breast enlargements/reductions, to skin treatments such as chemical peels or Botox injections. Some treatments help reduce the effects of ageing, whilst others, such as teeth whitening or mole removal, help change the appearance.
The cosmetic surgery sector was a major growth industry until very recently with liposuction increasing by a massive 41% in 2012 alone, compared to the previous year, although breast augmentation remains the most popular procedure. However, according to data from the British Association of Aesthetic Plastic Surgeons (BAAPS), the number of cosmetic operations conducted last year fell 40% to a near-decade low from a record-breaking high in 2015.
These procedures are less commonly performed on the NHS today unless there is more than just a cosmetic need to do so, for example, where it is medically indicated because of a deformity which is causing serious psychological problems or it is associated with physical trauma such as sustained burns or car crash injuries. Instead, private hospitals offer plastic surgery to those who can afford the not insignificant price tags and their client-base is comprised of over 90% women.
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In response to the need for better regulation and to make the industry safer for patients, in 2016, the Royal College of Surgeons (RCS) launched a new cosmetic surgery certification system. Any surgeon (who has to be registered as a Doctor under the UK’s General Medical Council) can practise privately in plastic surgery, even though they may not be a specialist. To become certified and therefore, prove they are a specialist, the surgeon must now successfully complete a Masterclass through the RCS.
Alongside the growth of the cosmetic surgery industry, we have in recent decades seen the rise of specialist beauty treatments which are non-invasive and so do not require a Doctor to undertake them, i.e. laser hair removal or skin rejuvenation. These have been developed to treat wrinkles, acne and sun damaged skin, as well as to remove unwanted thread veins. Often those performing the treatments are not medically or otherwise qualified and regrettably there is no requirement for them to be so, despite them comprising 75% of the aesthetic procedure market.
From my experience, there are many outcomes which are deemed unsatisfactory by patients, not least that the treatment has made their situation worse. Of course, there are always consented risks of undergoing invasive procedures such as the side effects of using anaesthetics or post-operative infection, which cannot form the basis of a medical negligence claim, and so voluntary surgery must not be considered lightly.
Due to the subjective nature of judging appearance, especially when the patient is sensitive to their looks, the levels of complaints in aesthetic procedures is much higher than in other fields of medicine. For this reason, the BAAPS issue guidelines for their members, which state that anyone with depression or other mental illness should not be considered for cosmetic surgery.
Solicitors are only able to assist with claims where serious errors have occurred, or the outcome is so different from the one intended that, under a contract for services, a consumer would expect to have their money refunded. Even if the surgery was not paid for, the patient may be able to claim compensation under the common law of negligence.
In conclusion therefore, it is best to research into the experience and certifications of a plastic surgeon before engaging them. The same is true of non-invasive treatment practitioners, although it is probably more important for you to see their certificates of courses attended, discuss the number of procedures undertaken and look on the web for complaint levels before agreeing to undergo the treatment. This is particularly important as real risks remain in this largely unregulated industry.
For further information please contact, Lucy Sherry, Solicitor-Advocate and Head of Medical Negligence at Thomson & Bancks on 01242 235250.
www.tbsolicitors.co.uk
Lucy Sherry
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