Cosmetic surgery claims

Guidance for doctors who offer cosmetic interventions, published by the General Medical Council in 2016, describes cosmetic interventions as ‘…any intervention, procedure or treatment carried out with the primary objective of changing an aspect of a patient’s physical appearance. This includes surgical and non-surgical procedures, both invasive and non-invasive’.

In recent years there has been an explosion of cosmetic surgery procedures; this growth has been partly contributed to by online discounts. With this increase in procedures comes the potential for things to go wrong.

Examples of common types of claim are:

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failure to obtain informed consent
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breast enlargement and reduction
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facelifts (ryhtidectomy)
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eyelid surgery (blepharoplasty)
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botox and dermal filler treatment
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nose reshaping (rhinoplasty)
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ear reshaping (otoplasty)
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brow lifts
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laser skin resurfacing
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cosmetic dentistry
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tummy tucks or gastric band surgery
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liposuction
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other complications of surgery, such as damage to nerves, arteries and organs

Cosmetic surgery claims are treated as if they are clinical negligence claims and, in practice, run as such.

A claim for damages will be brought under contract and/or tort law. Where a tort has been committed, the legal

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