No win, No fee Rhinoplasty is the official term for what many people simply refer to as a “nose job”. Even though this type of cosmetic surgery is not as popular today as it was in the past, it still accounts for a significant number of invasive cosmetic surgery procedures.
Anybody looking at any form of cosmetic surgery must be made aware of the pros and cons and potential issues of the procedure. It may be unlikely that a compensation claim would be taken on by a solicitor purely and simply because a person is not satisfied with the outcome, assuming that everything had been explained to them prior to the operation. There needs to be evidence of negligence resulting in some form of injury or medical condition. It is worth noting that any type of cosmetic surgery will likely result in discomfort and pain although this should only be in the short term.
Who Can Make A Rhinoplasty Compensation Claim?
As with any rhinoplasty compensation claim the main requirement is to prove negligence on behalf of one or more third parties. In a this type of injury claim this will likely be negligence on behalf of the rhinoplasty surgeon and/or associated medical professionals with regards to their legal duty of care which they have to each of their patients.
The more common reasons for claiming rhinoplasty compensation include:
- Infection
- Excessive bruising
- Blood clots
- Breathing issues
- Nerve damage
- Further damage to the nose
There will be situations where one or more of these complications emerge after rhinoplasty surgery whereby the practitioner will not always be held liable. If they have carried out the surgery in line with their duty of care, their best endeavours and ensured that the individual is made aware of all of the potential risks, then they may well have fulfilled their legal obligations. In this instance negligence may be very difficult to prove.
Failure To Advise Patients Of The Risks Of Rhinoplasty
Over the years we have seen an array of botched nose jobs where medical practices/professionals have failed to inform individuals of the specific risks associated with rhinoplasty. In brief the practitioner must ensure that a patient has all of the information before them to make an informed decision as to whether they wish to proceed with rhinoplasty surgery.
In order to protect rhinoplasty surgeons, and to a certain extent patients, all individuals undergoing this type of surgery will need to sign an agreement to confirm they were informed of the potential risks. Whether a patient actually understands the risks, the fact that they have been informed by the practitioner is sufficient in the eyes of the law to fulfil their legal obligations.
Who Can You Claim Rhinoplasty Compensation From?
While surgical compensation claims are in some circumstances more complicated than traditional personal injury claims, there are in reality three different parties you could pursue for rhinoplasty compensation. They include:
- Referring party
If you are referred to a third party practitioner/medically trained individual and the full circumstances of your situation were not relayed correctly, you could have a legitimate claim against the referring party. If they are your first point of call then they should have an in-depth knowledge of all of their patients which should be passed on to the relevant third parties.
- Medical practice
There will be occasions where the medical practice in charge of carrying out your rhinoplasty surgery could be held liable for your compensation claim. This would require proving negligence which could involve issues such as appointing inexperienced staff to undertake your procedure, failings in the hygiene of the medical practice or a lack of formal medical clearance.
- Rhinoplasty surgeon
The vast majority of rhinoplasty compensation claims tend to relate to either the medical practice or the rhinoplasty surgeon who carried out the operation. All parties have a duty of care to the patient and, if the treatment administered by the rhinoplasty surgeon falls short of expectations, they may well be liable for compensation. The issue of “failed expectations” would be measured against what a comparable rhinoplasty surgeon would have been expected to deliver.
The Danger Of Rhinoplasty Surgery Abroad
One problem which has emerged over the years is the growing use of overseas medical practitioners to undergo an array of cosmetic surgical procedures. Many people automatically assume these individuals are qualified professionals when in reality this is not always the case. Indeed, where some overseas rhinoplasty surgeons appear to be qualified and approved by a national board, the level of skill and experience required may be far less than people are used to in the UK.
That is not to say that all overseas cosmetic surgery practitioners don’t have the experience in plastic surgery and deliver the results, but those looking down this particular road need to understand their lack of protection. Unless there is a connection with a UK party, perhaps they were referred by a UK business, there is unlikely to be much in the way of recompense when seeking rhinoplasty compensation for injuries incurred.
Putting Together A Claim For Rhinoplasty Compensation
The main crux of any rhinoplasty compensation claim is the need to prove beyond reasonable doubt that a third party/individual failed to deliver cosmetic surgery to an acceptable standard. This standard of care is generally measured against other similarly experienced practitioners in the industry therefore third-party evidence will likely be required when pursuing a rhinoplasty compensation claim. There is also the issue of ensuring that patients are fully aware of the potential dangers with any type of invasive surgery, such as rhinoplasty. The fact that rhinoplasty might involve breaking the nose to reset it is a pain which some patients fail to appreciate.
Once you are able to prove that either the rhinoplasty surgery was performed to a substandard level or indeed you were not made fully aware of the risks, you will likely have a potential compensation claim to pursue.
Timing Of Your Rhinoplasty Claim
The delicate nature of rhinoplasty surgery often means that substandard procedures or complications may require additional corrective surgery. Where the damage is significant this may involve a number of procedures which can be very expensive and potentially very painful. In theory there is a three-year window of opportunity from the date of the botched nose job in question during which you can lodge your claim for compensation. In cases where multiple bouts of corrective surgery are required, this can often lead to a delay in lodging a claim.
The problem is that over time the very important small details of your case can become blurred and potentially weaken what may have been a relatively strong claim for rhinoplasty compensation. So, where possible you should consider pursuing a rhinoplasty claim immediately and using medical records, photographic evidence, cosmetic surgery literature and the advice of third-party medical practitioners, approach a personal injury solicitor with details of your action. They should very quickly be able to advise you whether you have a strong case and where they believe you have a strong claim for rhinoplasty compensation you may be offered a No Win No Fee arrangement.
After coming to an agreement with your personal injury solicitor they will likely seek third-party medical assistance to clarify the extent of your injuries and how they occurred. This together with all other evidence, and the timeline of events, will form the basis of your rhinoplasty injury claim which will be lodged with the courts and made available to the defendant.
Out Of Court Settlements
In the vast majority of rhinoplasty compensation claims where it is fairly obvious there has been negligence on behalf of one or more third parties, resulting in rhinoplasty injuries, a solicitor will look to seek an out-of-court settlement. This allows the defendant to minimise their legal costs going forward, agree a compensation figure and bring to a speedy close what can be a difficult situation for all parties.
There will be instances where negligence is disputed, or perhaps one or more third parties have been named in your rhinoplasty claim, which will likely result in a court case. Even if one or more third parties have been negligent resulting in your rhinoplasty injury it is not the role of the claimant to clarify the extent of liability for each party. This is something which the judge will conclude after reviewing all of the evidence and take into account the specifics of the case.
Types Of Compensation For Rhinoplasty Injury
In layman’s terms there are two specific types of compensation when it comes to rhinoplasty and cosmetic surgery claims known as general damages and special damages. Compensation for general damages relates to financial compensation for injuries incurred which include:
- Pain and suffering caused by the rhinoplasty procedure
- Life changing injuries
- Mental trauma
The other type of compensation is known as special damages and relates to financial recompense for issues such as:
- Loss of earnings resulting from the rhinoplasty procedure
- Future loss of earnings
- Medical expenses
- Future medical expenses
- Additional transport expenses
- Adaptions to the home
This element of compensation for rhinoplasty covers expenses incurred to date as well as funding requirements going forward which are directly associated with the rhinoplasty injury. There is no level of discretion when it comes to special damages as they are purely and simply a financial calculation.
If you believe you have a claim for rhinoplasty compensation we would advise contacting us to speak with a solicitor who can give you their expert opinion on how strong your claim for rhinoplasty compensation is and calculate what kind of settlement amount you could claim for.
