Q&As

What is the limitation period for a cosmetic surgery claim where the claimant hasn’t suffered an actual injury but instead is simply unhappy with the results of the treatment?

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Published on LexisPSL on 04/02/2019

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • What is the limitation period for a cosmetic surgery claim where the claimant hasn’t suffered an actual injury but instead is simply unhappy with the results of the treatment?

What is the limitation period for a cosmetic surgery claim where the claimant hasn’t suffered an actual injury but instead is simply unhappy with the results of the treatment?

We refer you to Practice Note: Cosmetic surgery claims and in particular, the following:

‘Managing expectations

Whether a procedure has been successful or not is often a subjective assessment. Where a patient has gone in with unrealistic expectations, one of the surgeon's main responsibilities should be to manage expectations, something which can be difficult. There is often a disparity between achieving a “good” outcome and one which the patient wanted. Commonly complaints or claims are based on a patient's disappointment at the outcome of their procedure.

The law

A claim for damages will be brought under contract and/or tort law. Where a tort has been committed, the legal tests of establishing that there has been a breach of duty which has caused some harm or loss will apply in a medical negligence action.

Limitation

The same limitation periods apply as in all

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