Damages in Medical Negligence Claims

For example a cosmetic surgery procedure which goes wrong, if caused by the doctor’s negligence, can be the subject of a claim. Where surgery goes badly the result can have irreversible effects on a person’s life. In such cases, just as in any personal injury case, negligence must be established. Operations can, however, fail to achieve their desired results and may not necessarily be due to any negligence on the part of the surgeon.  

Common examples of cosmetic procedures are:

·         Botox;

·         Lip fillers;

·         Breast Implants;

·         Removal of Scars,

·         Blemishes,

·         Birthmarks;

·         Face Lifts;

·         Liposuction.

The level of damages can vary for example where a person’s livelihood is adversely affected by the injury like a fashion model.  An actor/actress is likely to get higher damages because it can  affect or even end  their career. 

Early action is advisable. Consult your GP to get their assessment  of the injury or pain and whether it was  caused by the procedure.

Keep a record or diary of the effect of the injury on a daily basis. Keep records of the consultation date you saw the cosmetic surgeon, date(s) of the procedure and after treatment. This will be very important for a judge in determining the extent of the injury.

Damages

Pain and long term discomfort is taken into consideration in the assessment of damages. Expert witnesses are usually called to give their opinion of the procedure in question, whether it was carried out properly and their opinion of the long term effects.

Choosing the Right Court Jurisdiction

This is important and your solicitor will assist here. Courts have thresholds in compensation levels: in the District Court the ceiling is €15,000; the Circuit Court it is €75,000 and the High Court above €75,000. The costs in these courts vary according to jurisdiction, the High Court being the highest. It is likely a case will be heard faster in the District Court and Circuit Courts than the High Court. The court cost is important because if a case is taken in the High Court and the plaintiff loses, the costs he will have  to pay will be much higher than if he lost in the Circuit Court.

Kieran Cleary and Roger Cleary, Medical Negligence Solicitors can help with questions you may have regarding negligence, liability, case viability etc. and our numbers are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com