Am I entitled to claim lip injury compensation if my injury was the result of a botched plastic surgery procedure? My lip implants have caused scarring and my lips are misshapen. The clinic offered to rectify the problem but I don’t want to ever use their services again.
Eoin P. Campbell, LL.B., Solicitor
Editor in Chief
It can be difficult to claim lip injury compensation for plastic surgery that has gone wrong. The harsh reality is you may not be entitled to claim compensation for your injuries if you signed a contract before undergoing the treatment – even if it is clear that you have suffered at the hands of an incompetent surgeon. It is often the case that plastic surgeons require their patients to sign a waiver to protect them from personal injury claims if the patient is not satisfied with the result. If you signed such a waiver, you may not be automatically disqualified from claiming compensation for the botched procedure, although your claim may not be as straightforward to pursue.
Risks are attached to any plastic surgery, and the outcome of a surgical procedure can never be predicted. A candidate for plastic surgery should have been aware of the possible pitfalls associated with this treatment and that it may not necessarily have the desired results. Most plastic surgeons are up-front with patients about these risks, and they should have been explained to you before you underwent any treatment. If you had not been informed about the risks, this could constitute medical negligence and it may be possible to pursue your compensation claim. If it can be proven that the procedure was performed by an incompetent surgeon, and errors were made which another surgeon would not have made under reasonable circumstances, you may be able to claim compensation on the grounds of medical negligence.
On occasion, a plastic surgery procedure may not go according to plan and the fault may not lie with the plastic surgeon. In this instance, most botched surgeries can be settled cordially with the clinic where the surgery was performed. That the clinic offered to rectify the problem suggests that the problem can be corrected; however, it is understandable why you would not want to use their services again. It is recommended that you get a second opinion from another plastic surgeon, and you would be well advised to consult with an experienced solicitor who would be in a good position to establish whether or not you qualify for compensation for your lip injury.
On speaking with a solicitor about your potential lip injury compensation claim, you will be required to explain in detail about the advice the surgeon gave you prior to the surgery, if you were made aware of any risks and you should be able to present any contract that you signed. A solicitor can determine whether you have a viable claim and if you do, he or she can guide you through the next few stages of the claims process.