Negligence in Botched Cosmetic Surgery



Whilst some do it to purely to meet the perception of beauty that others may have, many undergo cosmetic surgery to feel happier within themselves and more confident in their own skin. Whatever the reason, the decision to undergo cosmetic surgery is not one taken likely.


It can be expensive and can often mean years of diligent saving. It can also comprise of numerous procedures and can often take weeks, if not months, to recover. These significant sacrifices, along with the fact that it can often involve the weight of a lifetime of planning, expectation, and promise, means that when cosmetic surgery goes wrong, dreams can be crushed within the blink of an eye.


Increasingly popular, some of these common procedures include:


  • Brazilian Butt Lifts
  • Breast augmentations
  • Botox
  • Chin implants
  • Eyelid surgery
  • Facelifts
  • Lip fillers
  • Liposuction
  • Nose jobs
  • Skin resurfacing
  • Tummy tucks


The sudden boom in popularity for such procedures has led to an unfortunate increase in poorly-performed cosmetic surgery. A huge part of this issue stems from the fact that the term ‘cosmetic surgeon’ is not a term regulated by The Medical Council of Ireland. In other words, any doctor can refer to themselves as a ‘cosmetic surgeon’ without having any specific background or advanced specialist training in that area. This has resulted in many patients not receiving the standard of care that they require.


At O’Brien Murphy Solicitors, we have seen the outcome of some of these procedures. We have represented clients with wound ruptures, grotesque scarring, bacterial infections and abscesses, dying tissue, and irreversible disfigurement. If you feel that you have been the victim of a botched or poorly-performed cosmetic surgery, you may have a medical negligence claim and you may be entitled to compensation.


I’ve received a poorly-performed cosmetic surgery. What’s next?


If you have received a botched or poorly-performed cosmetic surgery, you will more than likely be taking a medical negligence claim. This is the term used to refer to injuries that have been sustained at the hands of a healthcare professional who has failed in their duty of care. Due to its complexity in Irish law, medical negligence claims are primarily dealt with by way of legal action in the courts and usually involve taking the following steps:


  1. Seek legal advice – if you’re the victim of a botched or poorly-performed cosmetic surgery, seeking the advice of an experienced medical negligence solicitor is in your best interest.


  1. Accessing medical records and obtaining expert reports – once you have instructed an experienced medical negligence solicitor, they will begin by compiling your medical records. They will then engage an independent expert in cosmetic surgery who will be in a position to advise whether or not the standard of care you received fell below the accepted standard. This is what will form the foundation of your legal case.


  1. Assessing the claim – botched or poorly-performed cosmetic surgery can have serious and often life-changing consequences – leading to permanent physical injury, psychological trauma, or even death. Compensation is often necessary to help with these changes or indeed to fix what went wrong. Calculating the costs incurred and, perhaps more importantly, the future costs that may arise is a vitally important step in such cases. A solicitor will usually engage the help of experts to provide reports that provide the basis for assessing the value an overall claim.


  1. Issuing court proceedings – once a stateable case has been established, the solicitor, along with the advice of a barrister(s), will prepare and file the relevant court papers, setting out details of the claim.


Talk to an expert


If you are a victim of botched or poorly-performed cosmetic surgery, obtaining the advice of a professional and experienced solicitor is in your best interests – whilst bearing in mind that it is important to do so as soon as possible. Generally speaking, a claim must be made within two years from the date that you became aware of your injury – whether that’s the day you received the negligent treatment or many years later.



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