Cosmetic Surgery Claims
T. Rees & Co in Bexleyheath have recovered compensation for claimants who have suffered personal injuries as a result of cosmetic procedures.
Cosmetic Surgery Claims
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.
In addition to you recovering compensation for the cost of the cosmetic surgery, operation or procedure, you can also recover compensation for the following:
- The cost of past and future medical expenses including painkillers, any remedial cosmetic surgery operation costs or cosmetic procedure costs that have been incurred as a result of the original operation/procedure.
- Future cost of painkillers, medical treatment costs and other projected medical expenses.
- An award for handicap on the labour market when the injured person would find it more difficult to obtain alternative employment if they were to lose their job as a result of injuries sustained as a result of cosmetic operation/procedure.
- Loss of earnings, bonuses, commission, loss of pension entitlement.
- Marginal net loss of future earnings if an injured person earns less because of injuries sustained following a cosmetic surgery operation or procedure. An award can be made up to the projected date of retirement of the claimant where appropriate.
- Compensation for any future likely deterioration in the claimant’s symptoms.
- Compensation for loss of amenity where the injured person has to give up sporting or leisure interests or where enjoyment of those interests is reduced as a result of the injuries sustained.
- Compensation for loss of enjoyment of holidays or holiday cancellation costs.
- Compensation for distress suffered as a result of a defectively carried out cosmetic operation or procedure.
- Travelling expenses.
- Care awards for people who have looked after an injured claimant.
There are no upfront costs associated with making a claim and no payments to be made during the course of the claim. If you are unsuccessful you will not have to pay any legal costs or expenses.
Specialist Representative in defective cosmetic surgery and procedure claims.
With many years of experience, T. Rees & Co in Bexleyheath are the perfect choice for representation in cosmetic surgery and procedure claims. We provide home visits for all claimants in Greater London, Kent, Essex, Surrey, East and West Sussex. We can also represent claimants living elsewhere in England and Wales. All work is undertaken on a no win no fee basis.