Cosmetic surgery negligance

[angel_50]

Hi, I had a very bad experience with a cosmetic surgery several years ago. This has caused physical and psychological problems. I've recently been looking at repair surgery and on researching doctors I've found that the doctor I used has a very bad reputation, has done bad things to several people and has been suspended by the GMC (although he is still in business). I never thought about a compensation claim until I started reading around. Could someone point me in the direction of the law in this area? I have no idea on the legislation or case law. I've tried googling but I just find a lot of no win no fee solicitors - I'd like to get an idea of the law myself before contacting one of these companies.

Kind regards

[Amethyst]

Re: Cosmetic surgery negligance

This might be a useful starting point for reading - http://www.mind.org.uk/information-s...al-negligence/

How long ago was the surgery?

[angel_50]

Re: Cosmetic surgery negligance

Thanks that link was very helpful. Unfortunately it was 9 years ago. However, the outcome of this surgery is not known for 12 - 18 months afterwards and I attended the clinic for around 4 years afterwards for check-ups and to pick up medication - every time the doctor said everything was fine when clearly it was not. I also had significant mental health problems, in a large part relating to this surgery, in 2011, 2013 and 2014. It is only more recently I feel comfortable discussing the issues with anything and seeking to try to resolve them through repair surgery. Am I clutching at straws?

I also take issue with something that was in the contract which I felt was completely unfair and would have been impossible to make happen (it said that if the surgery wasn't 90% sucessful after 6 months it would be done again for free, but as I said above it often takes 12 - 18 months for the final result was known and it was the doctor himself telling me everything was fine).

I hope I'm making sense!

[Amethyst]

Re: Cosmetic surgery negligance

Is he currently suspended ? or was he suspended during an investigation and was cleared ?

When was the last time you saw that doctor ? Did you go to another doctor after you stopped seeing him, and if so when was that ? and was that when you discovered it was not as it should be ?

[angel_50]

Re: Cosmetic surgery negligance

He was supended in 2013 for 12 months.

I honestly don't remember the last time I saw him. I have a letter from him stating that I continued to buy tablets from him until 2011.

I always felt something was wrong, but he kept reassuring me that everything was ok. Last year I researched online and posted some photos on forums and sent them to some respected doctors in the field. Everyone has said something is wrong but they cannot explain it. As I mentioned I have a lot of anxiety about this and I have had several appointments to meet these doctors about the issue but cancelled them but to not being mentally up to it.

To make clear, the surgery was a failiure and I have been left with scarring and constant redness and sometimes bleeding in the affected area.

[Amethyst]

Re: Cosmetic surgery negligance

The Limitations period is going to be an issue - I do think you will need to go and see a Doctor - have you seen your GP even ? To get some help with the current issues, scarring/redness & bleeding, and with anxiety. No point running yourself ragged fighting compensation if you're still suffering from the effects of it. It might feel a relief to talk about it and get a diagnosis or confirmation that what you suspect ( the surgery and after care wasn't as it should be) is right as well as some help and support recovering - and it might also help with limitations.

[angel_50]

Re: Cosmetic surgery negligance

Thanks, I did see my GP last December who had no idea what it was but gave me some ointment for the inflamation which helped a little bit.

My anxiety is much better at the moment, hence why I am trying to do something about it. It has been so bad in the past, that in 2011 I left a job and didn't leave my flat for 8 weeks (did not seek medical help so no evidence of this) and spent 6 months unemployed. In 2013 I was off work for a month with depression and anxiety and in 2014 for 5 months with the same (this was the time I started looking into what I could do about it).

[Amethyst]

Re: Cosmetic surgery negligance

I don't think there is much else you can do but have a chat with one of the firms who specialise in medical and clinical negligence claims. I would try and talk to a decent firm with good reviews though, you should be able to have an initial assessment of your case without it costing you anything. Although if you have seen your doctor already and he hasn't flagged anything up then I think you will be well out of time.

[judgemental24]

Re: Cosmetic surgery negligance

You can only bring a claim for personal injury to the civil court within 3 years from cause of action

[des8]

Re: Cosmetic surgery negligance

You can only bring a claim for personal injury to the civil court within 3 years from cause of action

Or three years from date of knowledge,

As you continued to receive treatment from the surgeon until 2011, and then suffered " significant mental health problems" until 2014
you may (repeat may) still be in with a chance.
As Amethyst suggests, find a decent firm and have a chat with them about your prospects of taking action.

[judgemental24]

Re: Cosmetic surgery negligance

Things like asbestos and miners trigger finger were statutory compensation schemes due to industrial injuries

Something like this a judge will have to decide due to the length of time elapsed

The court has a general discretion to extend the time period for making a claim . An application would have to be made and there would have to be good grounds for the delay and no prejudice to the parties’ by allowing a claim to proceed.

The fact you kept telling the doctor something was wrong shows you were aware something was "Perceived" as wrong and you failed to get a second opinion

Medical negligence cases have strict deadlines and the burden of proof very high to prove negligence

The fact that a surgery failed to produce the promised results does not always mean that you have a claim for negligence

The very least you will need a second medical report from an independent surgeon at your own expense, and trying to find another surgeon to do that will be extremely difficult.

The medical profession just like the legal profession are a closed shop and personal reputations are everything

[angel_50]

Re: Cosmetic surgery negligance

Thanks all for the responses. I am looking into the situation. Do I have any other options here? I've been researching further, and I've found this doctor has been suspended several times, had warning and been to tribunals pretty much constantly over the past 10 years. I can't believe he is still allowed to be in business.