28
East Cork
Business
info@eastcorkjournal.ie
Thursday, 2nd
August 2018
WHEN COSMETIC SURGERY GOES WRONG
by KAREN WALSH Cosmetic
elective surgery is surgery which
aims to improve one’s aes- thetic appearance. This is an area of medicine which does not have any prop- er
regulation in Ireland.
As a result of this there are numerous “cowboys” performing complicated surgical
which they lack the requi- site
experience,
and skill and this is giving rise to significant post-op- erative complications for patients. In many cases the post-surgical aftercare of routine complications are
procedures for expertise
substandard. When things go wrong during a cosmetic sur- gery procedure, the con- sequences for the patient can be devastating, not just physically but emotionally and financially as well. While nothing can make
up for the distress caused by a wrongful procedure, if you have suffered at the hands of a negligent cos- metic surgeon, you may be entitled to some compen- sation.
Common Cosmetic
Surgery Claims Today, cosmetic surgery
is more than just a tummy tuck or a breast implant. This procedure is being done to reduce, increase and improve various parts of the body and as the
scope of this type of sur- gery widens, so has the po- tential
for different types
of claims. Some of the more com- mon cosmetic surgery claims arise from some- thing
going wrong with these procedures:
• Breast augmentation • Facelifts • Liposuction • Botox injections • Plastic surgery • Tummy tucks • Rhinoplasty • Eyelid surgery • Brow lift
• Chemical peel • Ear surgery
• Cosmetic dentistry Do You Have A Case
For Compensation? From a legal standpoint,
all medical practitioners, including doctors and plastic surgeons owe their patients ‘duty of care’. In lay terms, what this means is that these medical pro- fessionals are obliged take
to reasonable precau-
tions to ensure your safety and wellbeing while you are in their care, whether it is for health or cosmetic purposes.
Cosmetic surgery is
treated as any other area of medical practice and when something
wrong, it is for the law to decide whether
or
goes not
there is any legal liability to pay the patient com-
Tel: 021 463 8000 • Email:
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pensation or damages for their injuries and resultant losses.
Not surprisingly, estab-
lishing liability is reasona- bly clear-cut in some cases, whereas in other cases, it could get quite
compli-
cated and expert medical opinion may be necessary. What you should also
know is that it may not be enough for you to file a claim simply because you are dissatisfied by the re- sult of your cosmetic sur- gery. There is a fine line between
being unhappy
with the results and actual malpractice or negligence. The legal stand is that
prospective claimants ought to be realistic and reasonable about the out-
come of the procedure
that they had elected to undergo.
What Exactly Will
You Get Compensated For?
Here is what you might be entitled to claim com- pensation for if you have been at the receiving end of cosmetic surgery gone wrong:
• Physical injuries • Psychological scars • Loss of earnings • The cost of having
to undergo corrective procedures • The cost of care • Any other out of
pocket expenditure directly related to the procedure
eastcorkjournal While calculating tan-
gible compensation such as expenses incurred for corrective procedure and other
is fairly straightforward, calculating
medical expenses intangible
compensation for psycho- logical injuries and other inconveniences and losses can get quite complicated. This is one of the main reasons why you will need a
really good cosmetic
surgery claims solicitor on your side. Your solicitor will assess the level of com- pensation that you should be entitled to receive and will build your case so that you get the maximum award.
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