GAD Legal Solicitors recover damages for injuries suffered as a consequence failed cosmetic surgery performed at Manchester Plastic Surgery, Spire Manchester.
Facts of the case
Our client sought advice and treatment in terms of a brow lift from a private consultant in Manchester.
Following advice and recommendations, including recommendations regarding the type of fixation, our client agreed to proceed with surgery.
On the morning of her surgery, our client was made aware that the fixation to which she had agreed, being a biodegradable implant, was not available and screw fixation was to be used instead. No risks were explained in terms of the use of screw fixation.
As our client was only made aware of this on the morning of her surgery and she felt she had no option but to proceed with the surgery and following surgery she was required to return to the clinic as an outpatient to have the screws removed, an appointment that she would not have required with the implant fixation she had agreed to.
Our client went on to suffer an infection and hair loss at the incision sites as well as twitching caused by nerve damage and the procedure failed with our client’s appearance returning to its pre-surgery status.
The surgeon who conducted the surgery gave the opinion that the screws had likely been removed too soon following surgery, causing the procedure to fail.
Our client initially made a complaint to the clinic seeking a refund and the surgeon offered a revision procedure using the implants originally recommended but our client declined due to the amount of pain she experienced during the original procedure and the lack of trust she now placed in the surgeon and the clinic.
The clinic offered 50% of the fees incurred but did not accept liability.
Our client approached us to bring a claim for compensation arising as a result of clinical negligence and initial medical evidence obtained by us from an independent Plastic Surgeon specialising in brow lift procedures identified that the surgeon had failed to obtain informed consent given the circumstances in which the screw fixation was applied.
Our client argued there had been a breach of the contract between herself and the surgeon as she had consented to the procedure being undertaken with the use of implants, not screws and she was not given the requisite time on the morning of her surgery to reconsider her position once she knew that screws were being used. Moreover, no risks had been explained to her regarding the use of screw fixation including the greater risk of infection, the greater risk of hair loss at the incision site and the greater risk of failure of the procedure.
The Defendant surgeon appointed solicitors and denied liability throughout.
Court papers were prepared in readiness for the issue of Court proceedings.
Prior to the commencement of Court Proceeding the Parties reached a negotiated settlement thus bringing the matter to a conclusion.
Richard Malloy is a Solicitor and Head of Medical Negligence at GAD Legal. GAD Legal are Solicitors who specialise in obtaining compensation for clients who have sustained injuries as a result of Medical Negligence. We deal with claims for compensation against hospitals (both NHS and Private), dentists, general practitioners, pharmacists and opticians. We have offices in Liverpool City Centre, Allerton, Garston Village and Golders Green, London. We offer a free initial case assessment and No Win No Fee Funding is available. To enquire contact a member of our Medical Negligence new enquiries team on 0151 733 3353, email This email address is being protected from spambots. You need JavaScript enabled to view it. or complete our online contact form.
