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Clinical Negligence Solicitor
For A Botched Surgery?
Statistics do seem to indicate there is an upward trend
is wrongful cosmetic surgery treatments; so, would you
have a claim for clinical negligence following
a bad cosmetic surgery experience?
It is hard to imagine that there can be a worse feeling
you go into have cosmetic surgery treatment to improve
your features and hopefully boost your self-esteem and
when you finish, you find that something has gone horribly
wrong and you have been disfigured for life!
Establishing A Claim
In order for a clinical negligence solicitor
to establish that you have a medical
negligence claim, the solicitor needs to show that
a duty of care situation existed between you and the surgeon
and that the surgeon was negligent in this.
Fortunately or unfortunately, however you wish to look
at this, prior to 1 April 2002 there was no method of
ensuring that the private cosmetic surgeon who treated
you had any specialist cosmetic surgery training. Indeed,
even if they are still practicing today, if they started
practising cosmetic surgery prior 1 April 2002, there
would still be no requirement that they had received specialist
cosmetic training.
For this reason, having established that a duty of care
relationship existed, it should be much easier for your
solicitor to show that the surgeon acted negligently than
would otherwise be the case in a more mainstream medical
negligence claim.
Alternative means of establishing a claim for clinical
negligence compensation include:
Informed Consent
Nearly all cases involving cosmetic surgery negligence
claims centre on the issue of whether or not you had the
appropriate informed consent prior to the procedure. Basically,
'informed consent' means that the surgeon or doctor treating
you is required to inform you of:
• the potential benefits of the cosmetic treatment
you are about to have, something most cosmetic surgeons
are very happy to talk about;
• the potential risks that are associated with
the cosmetic surgery procedure you are going to undertake,
something most cosmetic surgeons talk about reluctantly;
and
• what the alternatives are to the treatment you
are about to receive, something cosmetic surgeons sometimes
fail to inform their patients!
Without your informed consent to the cosmetic surgery,
it is possible for your clinical negligence solicitor
to establish that a clinical negligence claim exists and
to ask for clinical
negligence compensation.
Injury Compensation
Besides lack of informed consent, a clinical negligent
solicitor can also establish a case for clinical negligence
in the event that you suffer any disfigurement or scaring
following the procedure, or if the treatment results in
you have some other form of disfigurement such as damaged
nerve-ends, damaged internal organs, abrasion, etc.
Dental Surgery
In addition to the more common claim of negligent treatment
in cosmetic surgery, if you have recently received any
cosmetic dental treatment that did not produce the results
you were lead to believe would be the case by the advertising
you read, or if the cosmetic dental surgery procedure
was painful, or left you in any way disfigured, you may
well have the right to claim for dental
negligence compensation so make sure you check this
out with your solicitor.
What Should You Do If You Think You Have A Claim?
If you believe you have a clinical negligence claim
following cosmetic surgery, you should see a specialist
in clinical negligence as soon as you can.
Keep in mind that only a very small fraction of medical
negligence claims involving cosmetic surgery procedures
are allowed to apply for public funding (such as Legal
Aid) to help pay the costs of a claim.
As such, if you cannot afford a specialist clinical negligence
solicitor, then you should try and see a compensation
solicitor on a no
win no fee claim basis as court cases involving clinical
negligence centered around cosmetic surgery practices can
be time consuming and costly.
It's easy to proceed with a clinical
negligence claim and gain maximum results
without the hassle, costs and confusion. Discover the
12 revolutions of clinical claims at http://www.100Percent-Compensation.co.uk
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