Cosmetic Surgery and Non-Surgical Cosmetic Procedures

Cosmetic

Ever contemplated a nip or tuck? Dreamt of bigger breasts, a flatter tummy or fuller lips? Tantalising adverts and low-cost treatments have made cosmetic surgery and non-surgical cosmetic procedures more tempting than ever before. But how careful are we at choosing the right surgeon or practitioner? And what happens when it goes wrong?

Surgeons and practitioners have a duty to perform procedures to a standard. If they fail to do this, and you suffer an injury or psychological trauma, then you may have a claim for compensation. To speak to a specialist personal injury lawyer call us today on FREEPHONE 0800 783 1453, or complete our no obligation online enquiry form and we’ll call you back at a time to suit you.  

The UK is currently the leading market for cosmetic surgery in Europe with a huge range of procedures available in hospitals, clinics and beauty salons. Over 100,000 procedures are performed each year and generally the overall standards of care are considered to be good. But with increased popularity of cosmetic surgery and non-surgical cosmetic treatments many women, and increasingly men, have fallen victim to botched operations – with one in five patients admitting that they’re even more miserable with their face or body post-procedure – resulting in an increase in negligence claims.

It’s estimated that there are now over 5,000 salons, clinics and spas in the UK performing non-surgical cosmetic procedures, the most popular of which is the cosmetic form of botulinum toxin type A, more commonly know by its brand name, Botox. As a prescription only drug in the UK Botox is regulated, but other dermal fillers and laser treatments are completely unregulated. As these are not considered surgical, they are carried out by establishments that aren’t monitored or controlled in the same way. This means that there’s an even greater risk of negligence by practitioners that do not follow proper procedures. Some have had minimal training and could do more harm than good. In extreme cases people have found themselves in hospital on a ventilator for three or four months, with long lasting and traumatic effects, or have even died.   

 

Overview

  • Cosmetic surgery differs from plastic surgery, which is generally surgery to repair or reconstruct tissue or skin damaged by congenital (inherited) disease, injuries or burns. The primary role of plastic surgery is to restore function, and aesthetic improvement is secondary
  • At present, there are measures and standards to help regulate the cosmetic surgery industry but some cosmetic surgeons operate outside these regulations
  •  Although practitioners of cosmetic surgery must demonstrate certain competences, these may not be the equivalent standard of NHS consultants
  • Surgical practice in the UK is regulated by the General Medical Council (GMC) and practising surgeons should be enrolled on its specialist register. Some concessions are made for private cosmetic surgeons who have been practising since before April 2002
  • Invasive cosmetic surgery and laser treatments are also regulated under the Care Standards Act 2000. The Care Quality Commission inspects all registered establishments that carry out invasive procedures and laser surgery in the UK, and has the power to revoke practice licenses and take enforcement action  
  • Some cosmetic surgery isn’t covered by current regulations, such as Botox injections and dermal fillers. Botox is not licensed for cosmetic use, but it can be prescribed “off license” in  which circumstances the doctor assumes liability for its use
  • Most dermal fillers are tested in the UK as devices rather than drugs. This means that they are regulated based on the standard of their production and not on whether the treatment works

 

 

Cosmetic Surgery

  • Popular operations include: breast enhancement/reduction (augmentation) or breast lift (mastopexy), liposuction, tummy tucks (abdominoplasty), face or forehead lift, nose job (rhinoplasty),  as well as ear-pinning (otoplasty) and laser eye surgery
  • Common surgery injuries include: perforation of the bowel during a liposuction or tummy tuck operation, damage to nerves during a facelift, uneven or badly scarred breasts as a result of breast enlargement or reduction, scarring that is a direct result of surgery – such as liposuction, and eyesight made worse by laser surgery
  • As with all surgery there is a certain level of risk. Although problems are rare, complications such as inappropriate aftercare or infection, or an adverse reaction to a general anaesthetic can cause serious damage, and even be fatal
  • Poor surgical techniques can leave patients with unsatisfactory results, or worse, pain and suffering
  • All patients should be informed of the potential risks of surgery, including any specific risks that relate to them and any pre-existing condition – for example if you suffer from a heart condition or are obese then you may be more likely to suffer problems with anaesthetic
  • Government regulations, enforced by the Care Quality Commission, insist on a pre-operative consultation with a surgery and prohibit surgery within two weeks of the consultation – to allow the patient sufficient opportunity to consider the risks
  • The risks of cosmetic surgery can be higher if a patient chooses to use an unregistered clinic or specialist, where government regulations may not be followed, the clinic may not be checked or regulated and there is a chance of being treated by a practitioner that is not qualified       

 

Non surgical cosmetic procedures

  • Botox injections paralyze the muscle to prevent movement and common areas for treatment include: horizontal lines on the forehead, wrinkles on temples and eye area or ‘crow’s feet’, wrinkles, wrinkles on the side of the nose, wrinkles around the lip area and vertical cords on the neck
  • Results can be seen within a few days and last between 3 and 6 months   
  • Common injuries include: droopy eyes or double vision, chronic use will give you a frozen look. Also, when injected in the lip and/or neck area – incorrectly or by an unskilled practitioner – it can be extremely dangerous and result in people being unable to speak or swallow
  • Common dermal fillers are: Restylane, Restylane Touch, Restylane Perlane, Juvederm 18/24/30, Juvederm 24HV and 30 HV, Evolence and Radiesse
  • Dermal fillers are used to: fill out character lines and wrinkles around your mouth, eyes, nose and forehead, making the lips fuller and to produce better definition and reduction in lipstick bleed, as well as facial contouring – for example, cheek and chin dimples – to smooth out hollows and sculpt features
  • Typically semi-permanent dermal fillers last six to nine months, but this varies from one person to another
  • Permanent fillers are by definition that, and if incorrectly administered – typically to the face – can have serious psychological effects 
  • Injury can be also caused by accidentally using a used needle causing infection to enter the body with a blood borne disease or body substances
  • Allergic reactions are rare, but they do occur

 

 

Our advice

  • Report a complaint about your injury immediately to the practitioner, surgeon or management
  • If a hospital or clinic is registered with the Care Quality Commission it must have a complaints procedure in place and the commission can be asked to review the case if the response to a complaint is not helpful
  • Practices offering non-surgical treatments such as botox and dermal fillers are not required to register however, which means that they are largely unregulated
  • If possible, take photographs of the injury  so that ‘before and after’ images can be produced
  • Seek expert legal advice from specialist personal injury lawyers
  • Seek expert medical treatment
  • Keep an injury diary

 

 

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