An Expert Guide To: Breach of Duty

Every medical professional, including those who carry out cosmetic surgery, owes a duty of care to their patients. When this duty of care is breached, it can have serious implications for patients, including long-lasting health issues and, in severe cases, even death. Understanding breach of duty is essential for those who have experienced or are dealing with medical negligence. In the following guide, we provide you with an in-depth understanding of what duty of care means, how it can be breached, and the steps you should take if you find yourself in this position.

With this knowledge, you can better navigate the legal landscape and make informed decisions about your health and rights. We aim to empower you with the knowledge to address any concerns about negligence and to seek the appropriate legal support when necessary.

Understanding duty of care and medical negligence

Duty of care is a fundamental legal obligation requiring cosmetic surgeons and medical practitioners to adhere to a standard of reasonable care while performing any act that could foreseeably harm patients. It is upheld by UK law, demanding that practitioners perform to a certain standard that is safe for patients.

In the context of cosmetic surgery, this means practitioners must inform their patients so they can make decisions about their circumstances, perform procedures with the skill, care, and diligence that is expected of a competent professional in the field, and offer good advice on aftercare procedures. Failure in any of these areas is considered medical negligence (also referred to as 'clinical negligence') and could lead to physical, psychological and financial consequences for patients.

Understanding breach of duty

A breach of duty occurs when a medical professional fails to meet the established standard of care, resulting in harm to the patient. This breach can stem from actions taken or not taken by the practitioner, which deviate from what is considered acceptable and safe practice within the cosmetic surgery field.

Factors considered in determining a breach of duty include:

• The professional standard: what would a competent, skilled and experienced professional in the same field have done under similar circumstances? If the answer indicates a deviation from accepted practices, a breach might have occurred.

• Causation: there must also be a direct link between the breach and the harm caused. This means demonstrating that the harm wouldn't have occurred if the care had met the acceptable standard.

The types of actions or inactions that might constitute a breach include:

• Inadequate patient assessment: failing to conduct a comprehensive evaluation of the patient's health or not considering their medical history before proceeding with a procedure.

• Poor communication: not providing clear, accurate and complete information about the risks, benefits, and alternatives to the procedure, therefore hindering the patient's ability to give informed consent.

• Technical errors during surgery: this includes errors made during the operation that a competent professional would not have made, such as incorrect incision sites or improper use of surgical tools.

• Post-operative negligence: failing to provide proper aftercare, not recognising or appropriately responding to post-operative complications, and inadequate follow-up care.

Where a surgeon fails to inform the patient about the serious risks associated with a particular cosmetic procedure, leading to unexpected complications; this lack of communication might be viewed as a breach of their duty of care. Similarly, if a surgeon performs a procedure for which they are not adequately trained or equipped, this too could constitute a breach of their duty to provide care at the expected level of competence.

It is necessary to differentiate between a breach of duty and an unfortunate outcome. Not all adverse results are due to negligence. Some procedures inherently carry risks, and complications can arise even with the highest standard of care. A breach occurs only when the care provided falls below the acceptable standard and directly causes harm or exacerbates an existing condition.

Identifying a breach of duty is a nuanced process involving a thorough evaluation of the standard of care provided compared to what is expected in the field. It involves linking that care, or lack thereof, directly to the harm experienced by the patient.

The consequences of medical negligence

Physically, it might lead to complications, additional surgeries, or long-term health issues. Psychologically, the impact can be equally severe, ranging from loss of confidence and body image issues to serious mental health conditions such as depression or anxiety. This can be especially upsetting for those who have chosen to have cosmetic surgery due to insecurities about themselves.

On top of these impacts, there are also likely to be financial implications. The most obvious is for the cost of the surgery, which will not only have been wasted but have gone towards a procedure that has caused a patient harm. From here, there may also be costs for further medical treatment and corrective surgery, travel to and from appointments, and funds lost from being unable to work.

What to do if you experience medical negligence

If you believe you have experienced medical negligence during or following your cosmetic surgery procedure, your health and wellbeing should be your primary concern. Seek medical attention as soon as possible. You should communicate any complications you experience to your surgeon, but you should seek advice from a different medical expert, such as your GP, if you believe the complications were caused by negligent treatment. This is not only vital for your health but also serves as a confirmation of your condition, which is necessary evidence if you decide to pursue a medical negligence claim.

From the moment you suspect negligence, start documenting everything related to your procedure and the aftermath. Keep a diary of your physical and emotional symptoms, take photographs of any visible issues, and collect all medical records and correspondence related to your treatment. This information will be invaluable in building your case.

After addressing your immediate medical needs, consult with a solicitor who specialises in cosmetic surgery negligence as soon as possible. Taking legal action might seem daunting, but it can help you recover the funds you have lost and provide compensation for the physical and emotional impacts of medical negligence. It holds medical professionals and institutions accountable for their actions, encouraging higher standards of care and preventing future incidents.

A cosmetic surgery negligence solicitor can:

• Evaluate the details of your case and advise on the likelihood of a successful claim

• Guide you through the process of gathering further evidence and explain the steps involved in making a claim

• Represent you throughout the legal process, aiming to secure the best possible outcome for your case

Time is a critical factor in negligence claims due to strict time limits for taking legal action, with the general rule being that claims must be started within three years of the negligent surgery happening or its effects being noticed. Make sure to seek legal advice as soon as possible.

Seeking legal advice for medical negligence claims

Cosmetic surgery negligence solicitors are professionals who understand the intricacies of the UK's medical law and can provide the expertise and support needed to navigate the complex legal process.

• Initial assessment: your solicitor will start by evaluating the details of your case, considering the evidence available, and advising on the likelihood of a successful claim.

• Gathering evidence: they can guide you through the process of gathering all necessary documentation, including medical records and expert opinions.

• Legal representation: experienced solicitors will handle all legal aspects of your claim, from drafting and filing paperwork to representing you in negotiations or court if necessary.

• Support and communication: they will keep you informed at every stage, providing clear explanations and support, ensuring you understand the process and are comfortable with the progress of your claim.

The team at Cosmetic Surgery Solicitors understands the sensitive nature of negligence claims in cosmetic surgery. We approach each case with empathy and professionalism, ensuring clients feel informed, supported and confident in their pursuit of justice and compensation.

Understanding clinical negligence compensation

As we have already discussed briefly, compensation for surgical negligence claims covers several aspects of the impacts that patients may experience. It is typically divided into two categories:

• General damages cover the pain, suffering, and loss of amenity experienced due to negligence. It accounts for both physical pain and psychological impact. The value of general damages depends on the type and severity of symptoms, ranging from hundreds of pounds to hundreds of thousands.

• Special damages cover specific financial losses incurred as a result of the breach, such as medical expenses, loss of earnings, and the cost of future care or treatment required due to the injury. To claim for special damages, you must provide evidence of your expenses.

Proving a breach of duty in a legal claim

Proving a breach of duty in cosmetic surgery negligence cases is a process that requires the collection and presentation of evidence. This may include:

• Medical records: these are essential for establishing the baseline of the patient's pre-procedure health and the details of the care received.

• Expert testimony: medical experts can provide an independent assessment of the standard of care received and whether it met the expected professional standards.

• Witness statements: testimonies from the patient, family members, or even staff present during the procedure.

• Photographic evidence: photographs taken before and after the procedure can help illustrate the extent of the harm or injury.

The process of making clinical negligence claims varies on a case-by-case basis, but typically follows the following general structure:

1. Consultation with a solicitor: discuss your case with a specialist solicitor who can guide whether you can claim, the likelihood of success and the evidence needed to substantiate it.

2. Gathering evidence: all relevant medical records, witness statements, and other necessary documentation are needed to build a strong case, proving the liability of the medical professional and the extent of the impact the negligent treatment has had on you and your life.

3. Submitting the claim: once enough evidence is gathered, your solicitor will help you formally submit your claim and handle all necessary communications with the involved parties on your behalf.

4. Negotiation: the majority of medical negligence cases are settled out of court. Your solicitor will negotiate on your behalf to reach a fair settlement.

5. Court proceedings (where necessary): in the rare event that a settlement cannot be reached in mediation, the case may go to trial, where a judge will make a final decision.

Seek advice from Cosmetic Surgery Solicitors

If you find yourself dealing with the repercussions of the negligent actions of a cosmetic healthcare professional, our expert solicitors can help you to seek compensation. To learn more about your options, simply call us today on 0808 296 3266 or use our online enquiry form to arrange a time for us to call you back.

Is it Ok to Sneeze After Rhinoplasty?

Rhinoplasty surgery is a cosmetic procedure that alters the structure and appearance of the nose. During the healing process, the nasal tissues are extremely delicate and nose surgery patients should avoid doing anything that could risk damage while they are healing. Some patients may wonder whether sneezing episodes could affect their surgical outcome and may want to understand how to mitigate these risks.

This blog will outline what the risks of sneezing are on rhinoplasty results, what the signs of damage are and the actions patients can take to ensure a smooth healing process after nose reshaping surgery.

Is it ok to sneeze after rhinoplasty?

Sneezing after a nose job can put strain on the delicate nasal tissues as they heal. While it is not possible to completely avoid sneezing, taking precautions can help prevent complications. Forceful sneezing can lead to swelling, bleeding, or even changes in the results of the surgery. To minimise the impact, patients are advised to sneeze with their mouths open, which helps to reduce pressure on the nasal structures during sneezing.

During the initial weeks of recovery, the nose is particularly vulnerable. The internal structures are still settling, and any excessive force could disrupt healing. If sneezing becomes frequent due to allergies or irritants, consult a medical professional for advice on managing symptoms safely.

What advice should I follow when recovering from rhinoplasty?

Proper aftercare is essential for a successful rhinoplasty recovery. Patients should follow their surgeon’s guidance, which typically includes:

• Avoiding strenuous activities: heavy lifting, exercise and bending over can increase blood pressure and swelling.
• Keeping the head elevated: sleeping with the head propped up on pillows can help reduce swelling and improve circulation.
• Avoiding nose blowing: forceful nose blowing can disrupt healing and lead to complications such as bleeding.
• Staying hydrated and maintaining a balanced diet: proper nutrition supports tissue repair.
• Following medication instructions: any prescribed pain relief or antibiotics should be taken as directed to aid healing and prevent infection.
• Avoid wearing glasses: given that glasses rest on the bridge of the nose, this can place pressure on the healing nasal structures that could affect the final surgical outcome. Surgeons may recommend that patients avoid glasses for a minimum of four to six weeks following surgery, opting for contact lenses where possible.

How do I know if I damaged my rhinoplasty because of sneezing?

If the nose experiences excessive force - whether from a sneeze or accidental impact - patients may be concerned about whether their rhinoplasty results have been affected. Signs of potential damage include:

• Sudden or increased swelling: some swelling is normal after surgery, but unexpected or prolonged swelling may indicate an issue.
• Persistent nasal pain: if discomfort worsens rather than improves, it could suggest internal irritation or damage to the nasal passages.
• Changes in nasal shape: any visible changes in symmetry or structure may be a sign that the healing process has been disrupted.
• Nasal bleeding: while minor spotting can occur, persistent or heavy bleeding should be evaluated by a medical professional.

If any of these signs appear, consult your surgeon promptly to assess whether additional care or adjustments are needed.

Recognising the signs of surgical complications

While sneezing can put strain on the healing nose and potentially affect rhinoplasty results, all cosmetic surgery carries some level of risk that could occur regardless if the patient sneezes or not. Rhinoplasty is no exception, and while complications are uncommon, they can sometimes occur even when patients carefully follow post-operative care instructions.

Patients should be aware of the warning signs that could indicate a complication, including:

• Persistent or worsening pain: discomfort that does not improve or suddenly worsens could indicate an issue with healing.
• Excessive swelling that does not subside: while some swelling is expected, prolonged or severe swelling beyond what was discussed could be a sign of fluid retention or another complication.
• Prolonged or heavy bleeding: minor spotting is normal in the early stages, but ongoing or excessive bleeding should be assessed by a medical professional.
• Difficulty breathing: some nasal congestion is expected in the immediate aftermath of rhinoplasty, however, if nasal airflow becomes significantly obstructed or breathing issues continue beyond what was expected, it may indicate internal swelling or a structural issue.
• Signs of infection: redness, warmth, unusual discharge or fever could indicate an infection that requires medical attention.
• Visible changes in nasal shape: if the nose appears asymmetrical or changes unexpectedly, there may be a disruption in the healing process.

Understanding your surgeon's duty of care

Your surgeon has a legal and ethical duty of care to ensure that procedures like rhinoplasty are carried out safely and to a reasonable standard. This duty extends from the initial consultation through to post-operative care, your safety and wellbeing at every stage.

Key responsibilities include:

• Providing full and accurate information: surgeons must explain the risks, benefits, and expected outcomes of rhinoplasty, allowing patients to make an informed decision.
• Conducting thorough pre-surgical assessments: a surgeon must evaluate a patient’s medical history, overall health, and suitability for the procedure.
• Following best medical practices: during surgery, the surgeon must adhere to industry standards and regulatory guidelines to minimise risks and complications.
• Ensuring proper post-operative care: patients should receive clear aftercare instructions, access to follow-up appointments, and prompt support if complications arise.
• Acting in the patient’s best interests: surgeons should never pressure individuals into undergoing surgery and must ensure patients have realistic expectations about their results.

Finding help if your surgeon was negligent

Should you believe that your surgeon performed your rhinoplasty surgery negligently, experts in rhinoplasty surgery claims such as Cosmetic Surgery Solicitors will be able to help you make a claim for compensation. Our friendly, knowledgeable team can help you to understand your rights, compile evidence needed to build a case and secure compensation on your behalf.

Speak to our team today by calling 0808 231 6370 or using our online contact form.