10 March, 2009
Cosmetic surgery and Botox treatments are on the increase and sadly sometimes the procedure does not turn out how you expected. When this happens there might be a claim for clinical negligence compensation. In cosmetic surgery cases an important issue to consider is the information provided by the consultant about the procedures and the risks of surgery. If those risks haven't been explained properly or poor technique has been used during the procedure and the outcome isn't as expected there may be grounds for a claim.
The general rule in a clinical negligence case is that you have 3 years from the date of the act or omission to make a claim. However, if you are unaware of the problem until later, the three years limit runs from the date that you knew or ought to have known about the problem. The time limit depends on the circumstances and it is not always easy to know when the time limit is up so if in doubt, it is worth discussing the facts of your case with a legal professional.
The complexity of a clinical negligence case will depend on the circumstances. The starting point is normally to obtain details about what happened and the medical records. At that point we can consider whether we are able to draft a letter of claim. The next steps depend on the response. In medical cases expert medical evidence is often required to deal with those failings and test the strength and merits of the case. It is difficult to say how long a case might take, that will depend on many things including the injury. You would be told about all of the steps and the clinical negligence solicitors at Forbes are used to dealing with sensitive issues surrounding cosmetic surgery. It is rare that cases go to court, but if it is necessary we will ensure that you are fully prepared.