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.

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.