Clinical Negligence Solicitor For A Botched Surgery
Statistics do seem to indicate there is an upward trend is
wrongful cosmetic surgery treatments; so, would you have a claim
for clinical negligence following a bad cosmetic surgery
experience?
It is hard to imagine that there can be a worse feeling - you go
into have cosmetic surgery treatment to improve your features
and hopefully boost your self-esteem and when you finish, you
find that something has gone horribly wrong and you have been
disfigured for life!
Establishing A Claim
In order for a clinical negligence solicitor to establish
that you have a medical
negligence claim, the solicitor needs to show that a duty of
care situation existed between you and the surgeon and that the
surgeon was negligent in this.
Fortunately or unfortunately, however you wish to look at this,
prior to 1 April 2002 there was no method of ensuring that the
private cosmetic surgeon who treated you had any specialist
cosmetic surgery training. Indeed, even if they are still
practicing today, if they started practising cosmetic surgery
prior 1 April 2002, there would still be no requirement that
they had received specialist cosmetic training.
For this reason, having established that a duty of care
relationship existed, it should be much easier for your
solicitor to show that the surgeon acted negligently than would
otherwise be the case in a more mainstream medical negligence
claim.
Alternative means of establishing a claim for clinical
negligence compensation include:
Informed Consent
Nearly all cases involving cosmetic surgery negligence claims
centre on the issue of whether or not you had the appropriate
informed consent prior to the procedure. Basically, 'informed
consent' means that the surgeon or doctor treating you is
required to inform you of:
* the potential benefits of the cosmetic treatment you are about
to have, something most cosmetic surgeons are very happy to talk
about;
* the potential risks that are associated with the cosmetic
surgery procedure you are going to undertake, something most
cosmetic surgeons talk about reluctantly; and
* what the alternatives are to the treatment you are about to
receive, something cosmetic surgeons sometimes fail to inform
their patients!
Without your informed consent to the cosmetic surgery, it is
possible for your clinical negligence solicitor to establish
that a clinical negligence claim exists and to ask for clinical
negligence compensation.
Injury Compensation
Besides lack of informed consent, a clinical negligent solicitor
can also establish a case for clinical negligence in the event
that you suffer any disfigurement or scaring following the
procedure, or if the treatment results in you have some other
form of disfigurement - such as damaged nerve-ends, damaged
internal organs, abrasion, etc.
Dental Surgery
In addition to the more common claim of negligent treatment in
cosmetic surgery, if you have recently received any cosmetic
dental treatment that did not produce the results you were lead
to believe would be the case by the advertising you read, or if
the cosmetic dental surgery procedure was painful, or left you
in any way disfigured, you may well have the right to claim for
dental
negligence compensation - so make sure you check this out
with your solicitor.
What Should You Do If You Think You Have A Claim?
If you believe you have a clinical negligence claim following
cosmetic surgery, you should see a specialist in clinical
negligence as soon as you can.
Keep in mind that only a very small fraction of medical
negligence claims involving cosmetic surgery procedures are
allowed to apply for public funding (such as Legal Aid) to help
pay the costs of a claim.
As such, if you cannot afford a specialist clinical negligence
solicitor, then you should try and see a compensation
solicitor on a no win no fee claim basis as court cases
involving clinical negligence centred around cosmetic surgery
practices can be time consuming and costly.
About the author:
It's easy to proceed with a clinical
negligence claim and gain maximum results without the
hassle, costs and confusion. Discover the 12 revolutions of
clinical claims at http://www.100percent-compensation.co.uk
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