Cosmetic surgery claims

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Cosmetic surgery claims

Guidance for doctors who offer cosmetic interventions, published by the General Medical Council in 2016 and updated in December 2024, describes cosmetic interventions as:

‘…any intervention, procedure or treatment carried out with the primary objective of changing an aspect of a patient’s physical appearance. This includes surgical and non-surgical procedures, both invasive and non-invasive’.

Over recent years there has been an explosion of cosmetic surgery procedures; this growth has been partly contributed to by online discounts. With this increase in procedures comes the potential for things to go wrong.

Examples of common types of claim are:

  1. •

    failure to obtain informed consent

  2. •

    breast enlargement and reduction

  3. •

    facelifts (ryhtidectomy)

  4. •

    eyelid surgery (blepharoplasty)

  5. •

    botox and dermal filler treatment

  6. •

    nose reshaping (rhinoplasty) 

  7. •

    ear reshaping (otoplasty)

  8. •

    brow lifts

  9. •

    laser skin resurfacing 

  10. •

    cosmetic dentistry

  11. •

    tummy tucks or gastric band surgery

  12. •

    liposuction

  13. •

    other complications of surgery, such as damage to nerves, arteries and organs

Cosmetic surgery claims are treated as if they are clinical negligence

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NHS Resolution has published its Annual Report and Accounts for 2024/25, reporting that 83% of clinical compensation claims were resolved without formal legal proceedings—the highest proportion recorded to date. This equates to 11,110 claims settled through alternative dispute resolution methods such as mediation and negotiation. The report outlines how initiatives including the Early Notification scheme for birth injury cases have supported earlier access to compensation and greater involvement of families in the process. NHS Resolution received 14,428 new clinical negligence claims and reported incidents during the year. Total payments across all clinical schemes amounted to £3.1bn, of which £1.3bn related to maternity. The estimated annual cost of harm under the Clinical Negligence Scheme for Trusts (CNST) was £4.6bn, a reduction from £4.8bn in 2023/24. NHS Resolution’s provision for future liabilities as of 31 March 2025 was £60.3bn. The report also notes increased demand for its Practitioner Performance Advice and Primary Care Appeals services.

Silicosis claims

PI & Clinical Negligence analysis: Silicosis is an incurable lung disease caused by prolonged inhalation of respirable crystalline silica (RCS), leading to progressive lung scarring and impaired breathing. In occupational settings, employers have legal duties to protect workers from silica dust exposure. Where these duties have been breached, those who develop silicosis may pursue legal claims. Written by Jim Hester, barrister at Parklane Plowden Chambers.

PI & Clinical Negligence weekly highlights—17 July 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes Ministry of Justice proposals to streamline the RTA Small Claims Protocol process, a thought-provoking article exploring whether social media platforms could be considered defective products under current product liability frameworks and we consider a Court of Appeal ruling on evidential standards in highway claims. We also feature some notable decisions on costs, including the enforceability of Conditional Fee Agreements and a recent judgment clarifying the application of Sanderson orders. In addition, we have our usual round-up of other news, cases, webinars and New Law Journal articles of interest.

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