Cosmetic Surgery Claims

Cosmetic Surgery Claims in London – Kent – South East of England

I have recovered compensation for claimants who have sustained injuries as a result of cosmetic procedures that have not been carried out to an acceptable standard, including claimants injured as a result of the application of inappropriate or defective hair dying products, eyelash treatments, breast enlargement/breast uplift treatments, hair removal and skin dying treatments. The cosmetic surgery industry in the UK is not well regulated, and many practitioners carrying out treatments such as Botox treatments are not medically qualified.

I have dealt with a number of cases where practitioners carrying out treatment have not been insured. Where a defendant does not have a policy of professional indemnity insurance to compensate a claimant for injuries sustained as a result of a defective cosmetic surgical procedure, a claimant who has paid for that procedure using a credit card can still obtain compensation by making a claim to the bank that provided the credit under Section 75 of the Consumer Credit Act 1974.

Where a provider of a cosmetic procedure is in breach of contract because the procedure has not been carried out to an acceptable standard, the bank that provided the credit facility will be jointly and severally liable to the claimant and that liability not only covers the cost of the cosmetic procedure, but also covers the cost of remedial surgery to treat the injuries sustained and will include other losses such as loss of earnings, travelling expenses and of course general damages for the pain and suffering experienced as a result of the defective cosmetic procedure. The Consumer Credit Act can also be used to recover compensation for claimants injured as a result of cosmetic procedures that have been carried out abroad. Section 75 of the Consumer Credit Act provides protection to any claimant who has paid between £100 and £30,000 on their own or joint credit account to cover the cost of the cosmetic procedure.

In all cosmetic procedure claims, T. Rees & Co will cover the cost of obtaining all medical records including records from the clinic where the procedure was carried out, GP records, hospital records and any relevant x-rays and MRI scans.

Following a review of the records, if there is evidence of a potential cosmetic surgery/procedure claim, I can then obtain a policy of legal expenses insurance to cover all of the expenses associated with a claim and then obtain a breach of duty medical report which will confirm whether the cosmetic surgery/procedure claim is likely to be successful. If that report is favourable we can obtain a condition and prognosis medical report to confirm the extent of the injuries sustained and what remedial treatment is necessary to eliminate or minimise the harm caused by the cosmetic procedure. If your claim is successful, a proportion of your costs and expenses including the insurance policy premium will be deducted from your compensation award but will not exceed 25% of the total claim value.