Liposuction negligence claims
If you've had liposuction that has gone wrong due to medical negligence, you may be able to claim compensation for you injuries and financial losses.
How Much Could You Claim?

Liposuction Claims

Liposuction, also known as lipoplasty or liposculpture, is a cosmetic procedure that helps to remove excess fat from specific parts of the body. Many recipients of liposuction choose to have the surgery carried out in ‘problem areas’ such as the abdomen, thighs, hips and buttocks. The aim is to help trim the areas which are more challenging to address with diet and exercise.

Unfortunately, in some cases, mistakes are made during a liposuction procedure. These can include infections, scarring, embolisms and damage to internal organs. If you have suffered an injury or harm because of a doctor’s negligence, you may be entitled to make a liposuction claim.

If you would like to find out if you can start a medical negligence claim, please call 0800 032 3660 to speak to a legal adviser. You can also contact us by using our online claim form.

How does a liposuction procedure work?

Liposuction is most often carried out while the patient is under general anaesthetic, though a local anaesthetic can also be used. The procedure typically takes between one and two hours, depending on the amount of fat that needs to be removed.

The surgeon will make a small incision into the area that will be treated, and they will insert a thin tube into this incision. They will move it back and forth to dislodge fat cells and use a powerful vacuum or a syringe to suck fat cells out of this area. Once the procedure is complete, the surgeon will stitch the incision back up.

Liposuction can be performed on various areas of the body, including the thighs, abdomen, buttocks, arms, chin, and neck. It is essential to remember that it is not a weight loss solution but rather a body contouring method. It is best suited for those who are close to their ideal body weight but have isolated areas of stubborn fat.

Liposuction procedures are one of the most popular optional surgeries in the UK, and they are typically carried out without complications. However, if a medical professional makes an error or you receive substandard care, a claim may be made for cosmetic surgery compensation.

Types of liposuction errors

Liposuction, like any other type of cosmetic surgery, can involve errors or complications. These mistakes can occur either leading up to, during or after the surgery and can have long-term consequences. Here are some potential errors or complications for each period of the process:

Pre-operative period

During this period, the most common type of negligence is failure to inform the patient about the risks and get their informed consent. If the surgeon does not adequately explain the risks, benefits, and potential outcomes to the patient or obtain informed consent, it can lead to a liposuction compensation claim.

The medical staff may have also failed to perform a thorough pre-operative evaluation and assess the patient’s overall health, medical history, and suitability for surgery.

During surgery

Poor surgical technique, lack of proper hygiene and substandard care can lead to various complications, such as infections, excessive scarring and damage to internal organs.

Post-operative period

Post-operative care is also essential to ensure proper recovery and a successful outcome. Inadequate post-operative care and lack of monitoring for complications can also lead to a claim for compensation.

Keep in mind that it is expected to have some side effects following liposuction. These are entirely normal and are not due to surgery negligence:

  • Bruising and swelling can persist for several weeks, sometimes even months;
  • Pain and discomfort are typical, and your doctor will prescribe medication for it;
  • Some degree of numbness in the treated areas can last for weeks or months while the nerves recover;
  • You may experience soreness, especially when moving or pressing on the skin;
  • Redness, irritation and itching at the incision site as the tissues heal;
  • There may be fluid drainage from the cuts;
  • You may also notice small lumps in the treated areas.

Your doctor should explain these side effects and other possible complications before the procedure. If they have failed to do so or you suffered from botched liposuction, you may be able to claim compensation.

Possible consequences of negligent liposuction surgery

Although medical practitioners work hard to maintain excellent practice and hygiene, they can still make mistakes. These can have devastating effects on you if you are the victim of such faults. In some instances, medical neglect during liposuction surgery can lead to the need for several months of recovery, excess pain and even additional surgery. Some of the most common examples of liposuction gone wrong include the following:

  • Puncture of organs near the treated area;
  • Poor hygiene standards, inadequate post-operative care or a failure to administer proper antibiotics can result in infections;
  • Nerve damage in the treated area can lead to permanent changes in sensation or loss of function;
  • Contour deformity and uneven skin tone;
  • Emotional stress caused by clinical negligence and the need for further treatments or revision surgery;
  • Long-term or permanent and excessive scarring resulting from poor stitching and infections;
  • Excessive bleeding and bruising;
  • The build-up of fluid (seroma) or blood (haematoma) under the skin, which requires additional treatment;
  • Loosened fat may break away and get trapped in a blood vessel (embolism) and travel to the lungs or brain, which is life-threatening;
  • Reactions to anaesthesia and other drugs administered during and after the procedure;
  • In some cases, infections may lead to poisoning of the blood (sepsis) and be life-threatening.

If you are a victim of cosmetic surgery negligence, you are encouraged to make a liposuction claim. This can support your recovery and ease the stress of any financial losses you have sustained. Furthermore, your claim may help to prevent further similar action and help to secure the welfare of future patients.

Can I claim compensation for liposuction gone wrong?

If you have suffered physical or emotional damage through no fault of your own following a liposuction procedure, you may be eligible to claim compensation from those responsible. The easiest way to find out if you could make a successful claim is through a free consultation with an expert solicitor. As a general rule, you will likely have a valid case if they can prove:

  • A duty of care. All medical staff owe a duty of care to patients, whether they work for the NHS or the private healthcare sector. They must possess the knowledge, skills, and expertise expected from a competent professional in the same field.
  • A breach of duty. That means that the defendant’s actions or omissions did not meet the established standard of care for liposuction surgery. This is typically determined by comparing the surgeon’s actions to what a reasonably competent and skilled surgeon would have done in similar circumstances.
  • Causation. Your solicitor must establish that the breach of duty directly caused you harm or injury. If their negligent actions did not affect the outcome of your surgery, you would not be able to make a claim for compensation.
  • Damages. It is essential to prove that actual damages resulted from the breach of duty and causation to secure liposuction compensation. These can include physical injuries, emotional distress, medical expenses, loss of income, and other losses incurred as a direct result of the liposuction surgery gone wrong.

To find out if you can start your claim, get in touch with us today for free legal advice by calling 0800 032 3660 or requesting a call back.

How to make a liposuction compensation claim

If you have suffered an injury and other losses due to someone else’s negligence and want to claim compensation, the first thing you should do is seek legal advice. To make a successful claim for liposuction negligence, you must demonstrate liability and the level of pain and suffering that you sustained as a result.

An experienced personal injury solicitor will support you in gathering evidence against the defendant, which will include medical examination results, copies of medical records and evidence relating to the impact that your injury has had on your day-to-day life.

Once liability is established and you have relevant proof, your solicitor will contact the defendant and inform them of your intentions to make a medical negligence claim. If they admit being at fault for your injuries, your lawyer will negotiate with them to secure the amount of compensation you deserve. If negotiations fail or there are liability disputes, they will be ready to take your case to court. However, don’t let the thought of going to court cause you any stress. There is a minimal chance of you actually having to go to trial, as more than 95% of all claims are settled through out-of-court negotiations.

What evidence do I need to claim for botched liposuction?

You will need as much evidence as you can get to ensure your liposuction negligence claim is successful. This could include:

  • Photographs of the affected area before and after the procedure;
  • Your medical records, test results and scans that show what injuries you sustained and the treatments you needed to resolve them;
  • Witness testimony from friends, family or colleagues who can attest to your physical and mental health after the liposuction treatment;
  • The expert opinion of an independent medical specialist who can attest that the harm you suffered was due to negligence;
  • Your detailed statement of how the botched liposuction has affected your life;
  • Any informed consent documents you signed before the procedure can show that you were not aware of the risks and potential complications;
  • Responses from the hospital or clinic that performed your surgery if you filed a formal complaint;
  • Evidence of all the financial losses and expenses you incurred as a result of negligence.

These and other documents can be used to support your cosmetic surgery claim and help secure the compensation you deserve.

Can I make a liposuction claim if I signed a waiver?

Having signed a waiver does not prevent you from making a claim for liposuction gone wrong. These documents are primarily meant to inform you about the potential risks and complications associated with the procedure and protect doctors from liability in case of unforeseen complications.

However, they do not shield a healthcare provider from liability if they deviate from the expected standard of care. If you suffered injuries due to negligence, you are still entitled to claim liposuction compensation. Your solicitor will review your consent form as part of your free consultation if you still have a copy.

How much compensation could I receive for surgery negligence?

The amount of compensation you could receive if you make a successful liposuction claim will depend on your specific losses. Every personal injury claim includes two types of damages that you can recover from the defendant:

  • General damages cover the physical injury and the pain, suffering and loss of amenities it has caused you. These damages are based on the recommendations from the Judicial College.
  • Special damages cover the financial losses and expenses you incurred because the liposuction surgery has gone wrong. They are based on physical evidence, like receipts and invoices.

Therefore, a claim for liposuction compensation could include the following:

  • Physical and emotional damage
  • Loss of quality of life
  • Scarring and disfigurement
  • Loss of consortium or companionship
  • Pain and suffering
  • The cost of any care you needed due to the injury
  • Medical bills for private treatments
  • Travel expenses to medical appointments
  • The cost of further corrective surgery
  • Loss of earnings and future earning capacity

Based on the type and severity of the harm you suffered, you could receive the following awards for general damages:

  • £1,600 to £3,310 for trivial scarring with a minor cosmetic deficit
  • £7,830 to £22,730 for a disfiguring scar to the arms, legs, hands, back or chest
  • £27,940 to £91,350 for very severe scarring and significant disfigurement in young persons
  • £4,350 to £8,640 for mild damage to the spleen
  • £43,010 to £61,910 for severe damage to the digestive system with ongoing symptoms
  • £5,860 to £19,070 for moderate psychological damage

Is there a time limit to start a liposuction negligence claim?

As a general rule, you have three years to begin your claim under the Limitation Act 1980, starting from either:

  • The date of the negligence
  • When you first became aware that you suffered an injury due to liposuction

If you do not start a claim within this period, your case will be statute-barred, and the court will no longer accept it. Seeking legal advice as soon as possible will also make it easier to remember essential details and gather evidence to support your claim.

There are a few exceptions to the three-year rule:

  • If the claimant is not capable of handling their case due to a mental disability, the time limit is put on hold. A litigation friend, which is typically a close friend or family member, could claim for them at any time.
  • If you lost a loved one due to an injury associated with liposuction, you have three years from their death to make a fatal injury compensation claim.

No Win No Fee medical negligence solicitors

If you have a valid claim, the cosmetic surgery solicitors we partner with will work on a no win no fee* basis. That means you do not have to pay them anything upfront, and you can start your claim regardless of your financial situation. Moreover, they only get a success fee if they win your case. Otherwise, you do not have to pay them anything, eliminating the financial risk of claiming compensation.

Your no win no fee claim will also include an insurance policy against legal expenses and disbursements. This is called After the Event (ATE) insurance and will cover all the costs related to your case if you lose, such as:

  • The defendant’s legal fees
  • Medical reports
  • Expert witness fees
  • Court and counsel fees
  • Travel expenses
  • Costs of printing and copying

Under a conditional fee agreement, you only pay a success fee to your solicitor if they are able to win your case. This fee can be up to 25% of your settlement and will be thoroughly discussed before you decide to proceed.

To find out if you have a valid liposuction claim, call free on 0800 032 3660 today for a no-obligation case assessment. Alternatively, you can enter your details into our claim form to receive a call back.

* Personal injury claims are offered on a no win, no fee basis. If your claim is successful, your solicitor will receive up to 25% of your compensation as their success fee. Any additional costs, such as legal protection insurance, will be clearly explained to you by your solicitor before you decide to proceed with your claim. Termination fees may apply if you fail to cooperate with your solicitor. This includes deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing.