An Expert Guide To: Misrepresentation in Cosmetic Surgery

The foundation of any successful cosmetic procedure lies in the accurate and comprehensive exchange of information between the patient and surgeon. Patients must be informed about the risks involved in their chosen surgery so they can make decisions that represent their wishes and discuss any concerns they have. Cosmetic surgeons have a duty to inform their patients, and failing to do so can lead to problems later down the line. Failing to do this is often considered medical negligence.

In the following guide, we explore misrepresentation in the cosmetic surgery industry, signs that a service is being misrepresented, and the legal options available to people affected. Misrepresentation can lead to serious physical, emotional and financial consequences. For this reason, it is essential for individuals to be well-informed before electing to undergo a procedure and prepared to take action if something goes wrong.

Understanding misrepresentation in cosmetic surgery

Misrepresentation in the context of cosmetic surgery refers to the provision of false, misleading or incomplete information by the surgeon or clinic regarding the procedure, its risks or the potential outcomes. This can occur during initial consultations, in promotional materials, or through verbal assurances.

Common forms of misrepresentation include:

• Unrealistic outcomes: promising patients specific results that cannot be achieved through the procedure in question.

• Undisclosed risks: failing to fully disclose the potential risks or complications associated with the surgery.

• Qualifications and success rates: misleading patients about the surgeon's qualifications, experience, or the success rate of the procedure.

Understanding these forms of misrepresentation is the first step in recognising when your rights as a patient might have been compromised.

The impacts of misrepresentation

When risks are not fully disclosed, patients are unable to make fully informed decisions. This can affect the patient’s approach to after care and potentially lead to severe health complications that could have been avoided or mitigated. One of the most immediate and visible effects is the discrepancy between expected and actual results. This can create a need for additional corrective surgeries, which come with their own risks and costs.

The mental and emotional strain of dealing with unexpected, unsatisfactory, or disfiguring results can lead to conditions such as depression, anxiety and loss of self-esteem. Experiencing misrepresentation can lead to a lasting distrust in medical professionals, potentially affecting future healthcare decisions.

Corrective surgeries, additional medical care, and potential loss of income due to extended recovery times can lead to significant financial burdens. The strain of dealing with the physical and emotional fallout can also affect personal relationships.

What constitutes medical negligence in cosmetic surgery?

Medical negligence, in the context of cosmetic surgery, occurs when a medical professional fails to provide the standard of care expected, resulting in harm or injury to the patient. Misrepresentation can be a form of medical negligence if it leads to the patient making an uninformed decision, culminating in an adverse outcome.

Surgeons and medical professionals have a legal obligation to provide care at the standard expected of a reasonably competent professional in their field. This includes accurate and thorough communication about the procedure. Misrepresentation can constitute a breach of this duty. If a surgeon provides misleading information about their qualifications, the procedure's success rate, or the risks involved, they may have failed to meet the required standard of care.

For any legal action to be successful, there must be a direct link between the breach of duty (misrepresentation) and the harm caused. If the misleading information led you to agree to a procedure you otherwise would not have, and this resulted in an injury or complication, this can be claimed for.

The patient must also be able to prove that they suffered actual harm as a result of the breach. This can be physical, such as an injury or complication, or non-physical, such as psychological trauma or financial loss.

Informed consent is a fundamental aspect of medical care, and requires surgeons to provide all relevant information about the procedure, including potential risks and alternative options. Surgeons should accurately represent their qualifications, experience, and the realistic outcomes of the procedure.

The red flags of misrepresentation

Being able to identify potential misrepresentation before undergoing cosmetic surgery is essential to your safety and the success of the procedure. Knowing what red flags to look for can help you avoid making decisions based on misleading information. Here are some warning signs that might indicate misrepresentation:

• Guaranteed results: medical procedures, including cosmetic surgery, can never guarantee specific results. If a surgeon or clinic promises certain outcomes, be wary. Every person's body is different, and numerous factors can affect the final result.

• Glossing over risks: all surgeries carry risks. A trustworthy surgeon will openly discuss potential complications and risks associated with the procedure. If the conversation about risks is brief, vague, or altogether absent, this is a red flag.

• Pressure to make a quick decision: reputable surgeons ensure that patients have adequate time to consider their options and evaluate the risks and potential outcomes of a procedure. High-pressure sales tactics or incentives to commit quickly should raise concerns.

• Inconsistent information: information provided in brochures, websites or during consultations should be consistent. If there are discrepancies in information or if surgeons or clinic staff are evasive when questioned for details, this can indicate that the information might be misleading.

• Lack of clear credentials: surgeons should be able and willing to provide clear, verifiable information about their qualifications, training, and experience. Hesitancy or inability to provide this information is a serious cause for concern.

• Unusually low costs: while cost is a factor for many, prices that seem too good to be true might indicate that corners are being cut, whether in the skill level of the surgeon, the quality of the facility, or post-operative care.

If you are wary about your surgeon, consult with another medical professional for a different perspective and additional information. Look into the surgeon's qualifications and track record - reading reviews and testimonials can also provide insights into others' experiences. Prepare a list of detailed questions for your surgeon about the procedure, risks, recovery, and expected outcomes.

Steps to take if you have been affected by misrepresentation

If you believe you have experienced misrepresentation in your cosmetic surgery journey, there are several steps you can and should take. It is important to act quickly, as time limits may apply if you decide to take legal action.

1. Seek medical attention: if you are experiencing complications or health issues post-surgery, seek medical attention immediately. A healthcare professional can provide necessary treatment and their findings can serve as important evidence. If you believe your original surgeon made mistakes in your care, speak to a different medical professional for a second opinion.

2. Document everything: keep a detailed record of all consultations, conversations, and correspondence with your surgeon and the clinic. Note any specific promises or assurances you were given about the procedure, recovery, and expected outcomes. Document your recovery process, any complications you encounter, and how the results differ from what was promised.

3. Consult a solicitor specialising in cosmetic surgery claims: medical negligence can be complex. A solicitor with expertise in this area can offer advice tailored to your situation. At Cosmetic Surgery Solicitors, we can help you understand whether you have a valid claim, the likelihood of success, and the compensation you could be owed. Understanding the legal framework will help you make informed decisions moving forward.

Taking these steps can not only help in building a potential legal case but also in finding a way to address the physical and emotional impacts of the experience.

Your legal options following misrepresentation

If you have been affected by misrepresentation in cosmetic surgery, you may be able to claim compensation for your suffering and any associated financial losses. Compensation in medical negligence claims is designed to put you back in the position you would have been in had the negligence not occurred. It can cover costs of corrective treatment, compensation for pain and suffering, and any financial losses you incurred, such as lost earnings if you needed to take time off work.

Your solicitor can help determine the viability of your claim, gather the necessary evidence, and guide you through the legal process.

You will need to demonstrate that the misrepresentation directly led to your decision to proceed with the surgery and that this decision resulted in harm. Evidence of physical, emotional or financial harm is also needed. This might include medical reports, psychological assessments, and documentation of financial losses.

Generally, you have three years from the date of the surgery, or from when you first realised you were subject to medical negligence due to the arising symptoms. However, there are exceptions, such as in cases involving those who lack the mental capacity to claim for themselves, or for the rare cases that involve patients under the age of 18.

Navigating medical law and the complexities of evidence can be challenging. A solicitor specialising in cosmetic surgery claims will have the expertise to manage your case effectively, offer the right advice, and advocate for your best interests. In most cases, cosmetic surgery cases are resolved without going to court, through processes like mediation and negotiation. Your solicitor can advise on the best approach based on the specifics of your case.

Cosmetic surgery solicitors can help

If you find yourself dealing with the effects of misrepresentation, speak to our expert solicitors today. We can help you to understand your situation and guide you through the entire process of making a claim. To learn more, call us today on 0808 159 6492 or fill out an online contact form and we will be in touch at a time suitable for you.