COSMETIC SURGERY

More than 70,000 men and women spend over £200,000,000 every year, in an attempt to improve their looks by surgical methods. Most people are satisfied with the results but some who undergo cosmetic surgery find their lives and appearance have changed in a manner they neither invited nor expected.

The Medical Defence Union which is the main insurer of doctors for professional negligence in the United Kingdom reports that the largest number of claims for medical negligence, accounting for three-quarters of all cases, were related to breast and facial surgery. The most common reason for bringing a claim was that patients were dissatisfied with the aesthetic result of the procedure. There were also a small number of claims arising from poor surgical technique or inadequate counseling before the operation. Statistics indicate that up to 75,000 operations are carried out every year and whilst most are performed to high standards there are a number that are carried out by under qualified doctors. In the past 13 years more than £7 million in compensation have been paid out for mistakes.

NHS surgeons must complete six years of specialist training and be members of the British Association of Plastic Surgeons before they are allowed to operate in an NHS environment. Some of these specialist surgeons also carry out private work and are registered with the British Association of Aesthetic Surgeons.

Unfortunately very few of those practising in this field have these substantial qualifications and most are only Fellows of the Royal College of Surgeons which is not a specialist qualification. Doctors from any medical speciality are allowed by law to perform cosmetic surgery without formal training or accreditation in that speciality.

The "Care Standards Act 2000" has however improved the situation by establishing a National Care Standards Commission, which ensures all private clinics are centrally registered and monitored and the Department of Health can close clinics that do not meet the required standards.

Unfortunately the training and qualification requirement within the new act only applies to doctors registering after 1st April 2002. Inadequately trained medical practitioners who were in practice prior to that date are entitled to continue to practice without receiving recognised specialist training.

Patients must now also be offered professional counselling and a two week cooling off period is imposed prior to treatment. It is now a requirement that all private hospitals and clinics have a formal complaints procedure.

Legal Aid is available to take action for negligent cosmetic surgery or negligent plastic surgery however less than 1% of UK solicitors are approved by the Legal Aid Board. We are a national network of qualified specialists who are members of the Law Society Panel of medical negligence experts with extensive experience in dealing with clinical compensation claims. All of our solicitors are franchised by the Legal Aid Board and are entitled to make an immediate application for Legal Aid. If you do not qualify for Legal Aid then you may be able to make your claim using the no win no fee scheme. If you would like free advice direct from a specialist solicitor with no further obligation just complete the contact form and a clinical law expert will contact you as soon as possible.