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Cosmetic Surgery Negligence Claims

Choosing a cosmetic procedure is a deeply personal decision. For some, it’s about restoring confidence after childbirth. For others, it’s about managing the effects of weight loss, ageing or illness. Whatever your reason, you’re entitled to safe, professional care, and to clear, honest information before, during and after the treatment.

Medical Negligence Solicitors

Cosmetic Surgery Negligence Claims

Choosing a cosmetic procedure is a deeply personal decision. For some, it’s about restoring confidence after childbirth. For others, it’s about managing the effects of weight loss, ageing or illness. Whatever your reason, you’re entitled to safe, professional care, and to clear, honest information before, during and after the treatment.

Medical Negligence Solicitors

But across Ireland, people are being harmed by unregulated clinics, underqualified practitioners and rushed procedures. Some are left with scarring that should never have happened. Others are left in pain, physically and emotionally, with nowhere to turn. Many only learn afterwards that the person who treated them was not properly trained or registered at all.

Here in Clare, we’ve worked with clients from Shannon, Ennis and surrounding areas who were misled, ignored or mistreated in clinics they thought they could trust. In many cases, the physical harm was worsened by the feeling of being silenced, blamed or brushed aside.

At Crimmins Howard, we don’t accept that. We’re a local firm that believes in fairness, accountability and doing right by people. With over 30 years of legal experience, we support those who’ve been let down, with clear answers, practical advice and strong representation.

If you’ve been harmed during a cosmetic procedure, or if something didn’t feel right and you’re still looking for answers, contact us today. We’ll talk it through, explain your rights and help you take the next step.

What Counts as Cosmetic Surgery Negligence in Ireland?

Not every disappointing result after cosmetic surgery is grounds for a legal claim. In Irish law, negligence refers to a breach of duty that results in harm meaning the surgeon or clinic failed to meet the standard of care expected of them, and that failure directly caused your injury.

Cosmetic procedures, even though elective, must still be carried out to the same professional standards as any other medical treatment. That includes everything from initial consultations and informed consent to post-operative monitoring. If something went wrong because a professional didn’t act as a competent peer would have, you may be entitled to bring a claim.

Poor Surgical Performance

One of the most common grounds for a claim is substandard surgical technique. This may involve:

  • Asymmetry or visible deformity due to careless execution
  • Excessive scarring from poor incision placement or failure to follow best practices
  • Nerve damage resulting from operating in the wrong tissue plane
  • Unnecessary removal of skin, fat, or cartilage
  • Complications from improper equipment use or contamination

For example, if a blepharoplasty results in the eyelids not closing properly due to excessive skin removal, that may indicate negligence rather than a known risk—particularly if the result is both cosmetically and functionally poor.

Inadequate Pre-operative Assessment

Negligence may also arise before the procedure even starts. Surgeons are expected to conduct a proper medical evaluation to determine whether you are a suitable candidate. That includes reviewing your health history, medications, allergies, and psychological readiness for elective surgery.

If a practitioner fails to identify a known contraindication such as a heart condition, bleeding disorder, or psychological vulnerability, the decision to proceed may itself be negligent. Likewise, performing an unnecessary procedure (one with no sound medical basis) can give rise to a claim if harm occurs.

Failure to Obtain Proper Informed Consent

Informed consent isn’t just about signing a form. The practitioner must explain:

  • The exact nature of the procedure
  • The intended outcome
  • Known risks and side effects
  • Any likely alternatives (surgical or non-surgical)
  • The limits of what the procedure can achieve

If you were not told about major risks such as nerve injury, breathing problems, or the chance of needing revision surgery and would have declined the procedure if properly informed, this could be considered a breach of duty. Cosmetic surgery carries particular expectations, and failure to clarify likely outcomes is a common issue in these claims.

Negligent Post-operative Care

The duty of care continues after the surgery is completed. This includes proper wound monitoring, infection control, stitch removal (where relevant), and guidance on activity restrictions. Claims often involve:

  • Undiagnosed infections that were not properly monitored
  • Failure to follow up on reports of pain, bleeding, or swelling
  • Lack of basic aftercare advice, such as how to clean or dress wounds
  • Missed signs of serious complications like implant rupture or thrombosis

Negligence may also arise if no post-operative review is arranged, or if the patient is discharged too soon without adequate checks.

Unqualified or Undertrained Providers

Another ground for negligence is when a procedure is carried out by someone who is not appropriately qualified, or who performs a surgery they are not trained to do. In Ireland, cosmetic clinics are not subject to the same regulation as hospitals. If a general practitioner, dentist, or beautician attempts advanced cosmetic work without specialist credentials, this may support a claim even if the procedure itself was routine.

Types of Cosmetic Surgery Negligence Claims We Usually See

Blepharoplasty Errors (Eyelid Surgery)

Eyelid procedures require precise judgement to avoid long-term harm. We’ve seen claims involving excessive skin removal, uneven eyelid height, and scarring that restricts blinking. In some cases, patients experience dryness, chronic irritation, or difficulty closing their eyes fully. Where these outcomes arise from poor technique or a failure to assess the patient’s anatomy properly, the surgeon may be found negligent. The standard of care is high for cosmetic eye procedures given the functional and aesthetic consequences involved.

Rhinoplasty Errors (Nose Surgery)

Nose reshaping surgeries can give rise to claims when poor surgical planning or execution results in breathing issues, nasal collapse, or visibly misshaped outcomes. Common grounds include removal of too much cartilage, uneven bridge height, or excessive internal scarring. Many patients are also not properly warned about the potential need for revision surgery. If these complications were preventable with proper technique or consent was poorly handled, the clinic or surgeon may be legally responsible for the harm caused.

Liposuction Negligence

Liposuction carries risks that are well known in clinical practice, but avoidable harm can still occur. Claims usually involve irregular fat removal, scarring from poor cannula technique, or internal injuries caused by deep suctioning. Where liposuction is performed without adequate assessment, or where tissue is damaged beyond what’s reasonable for the procedure, a claim may arise. We’ve also seen cases involving infection due to poor sterility or fluid imbalance from over-aggressive suctioning without proper monitoring.

Unnecessary Cosmetic Procedures

Some patients undergo procedures that were never clinically necessary—or were recommended without proper justification. This includes cosmetic surgeries performed despite psychological vulnerability, lack of screening, or coercive sales tactics. In such cases, the issue is not poor surgery, but the absence of proper medical judgement before proceeding. When a person is harmed by a surgery they didn’t truly need, especially where alternatives weren’t discussed, it may amount to negligence in how the procedure was advised or consent obtained.

Gastric Band Surgery Negligence

Claims involving gastric band surgery often focus on poor placement, delayed diagnosis of slippage, or erosion into the stomach lining. Complications may include persistent vomiting, band migration, or infection due to poor post-op management. In some cases, the procedure was carried out without clear dietary or psychological screening. Where preventable harm results from failure to monitor the patient or respond to clear post-operative symptoms, the provider may be liable for the resulting injury and long-term health impact.

What You’ll Need to Prove to Bring a Claim

To bring a cosmetic surgery negligence claim in Ireland, you must show that the clinic, surgeon, or practitioner failed to meet the professional standard of care required and that this failure directly caused you harm. Cosmetic procedures, though elective, are subject to the same legal standards as any other form of medical treatment.

Irish law applies a four-part test in determining whether a valid claim exists: duty of care, breach of duty, causation, and harm. All four must be established for a claim to proceed.

Duty of Care

Any medical professional who performs a cosmetic procedure owes a duty of care to their patient. This includes:

  • Surgeons operating in hospitals or private clinics
  • General practitioners performing cosmetic injections
  • Dentists or other healthcare providers offering aesthetic treatments
  • Clinics employing visiting consultants or independent contractors

The duty of care includes every stage of the treatment: initial consultation, pre-operative screening, the procedure itself, and aftercare. If the provider was unlicensed or improperly trained, the clinic or company may still be liable for allowing them to treat patients.

Breach of Duty

You must then show that the professional breached this duty by not meeting the standard expected of a competent practitioner. This might involve:

  • Failing to explain material risks or alternatives during the consent process
  • Performing the wrong technique, using incorrect instruments, or working outside their scope of training
  • Carrying out the procedure despite a clear contraindication
  • Neglecting hygiene or infection-control protocols
  • Not responding appropriately to complications during or after surgery

The standard used is what a reasonably competent peer would have done in similar circumstances. If the treatment fell below this level, that’s considered a breach.

Causation

Once a breach is identified, the next step is proving it caused the injury. This is known as causation.

You must show that your injury was not simply a known side effect of surgery, but a direct result of the practitioner’s failure to act appropriately. That often involves expert medical opinion to confirm that the injury would likely not have occurred if the correct standard of care had been met.

Examples include:

  • Facial nerve damage during blepharoplasty due to poor placement of incisions
  • Internal scarring from liposuction caused by using the wrong cannula size or depth
  • Chronic pain or implant displacement caused by improper positioning
  • Long-term breathing issues after rhinoplasty linked to over-resection of nasal cartilage

Without clear causation, a claim may fail even if the result was poor.

Harm or Injury

Lastly, the breach must have caused a tangible injury. This may include:

  • Physical injuries such as scarring, deformity, nerve damage, or impaired function
  • Psychological harm such as anxiety, trauma, or loss of confidence
  • Financial harm due to corrective surgery or time off work

Minor dissatisfaction or a result that simply didn’t meet your expectations is not enough on its own. The harm must be significant enough to justify legal action often supported by medical reports, photographs, or counselling records.

Important Supporting Evidence

To build a strong claim, your solicitor will usually require:

  • Medical records: notes from the clinic, surgery reports, and post-operative instructions
  • Consent documents: showing what was (or wasn’t) discussed before the procedure
  • Photographs: ideally both pre- and post-operative, taken in a consistent format
  • Independent expert reports: often from a consultant plastic surgeon
  • Witness statements or GP referrals: if you complained after the procedure
  • Receipts or records of additional corrective treatments

Irish courts and the Injuries Resolution Board rely heavily on medical evidence. A report from a qualified expert—usually a specialist in the same field—is needed to confirm that the care you received was substandard.

If all four legal elements – duty, breach, causation, and injury can be established, the claim may proceed.

What to Do If You Suspect Cosmetic Surgery Negligence

If you believe something has gone wrong during or after a cosmetic procedure, the most important thing is to act quickly and carefully. Cosmetic negligence cases rely heavily on evidence – medical records, photographs, and documented concerns. The sooner you take the right steps, the better your position will be if a claim is needed.

1. Request Your Full Medical Records

Under Irish law, you are entitled to request all records relating to your treatment, including:

  • Consultation notes
  • Consent forms and pre-op assessments
  • Operative reports
  • Post-op instructions and follow-up notes

Make the request in writing to the clinic or hospital where the procedure was performed. Keep a copy of your request and any reply. If the clinic refuses or delays, your solicitor can pursue access formally.

2. Photograph the Area Consistently

Take clear photographs of the affected area in consistent lighting and from the same angles over time. This provides visual documentation of:

  • Swelling, bruising, or inflammation
  • Scarring or disfigurement
  • Changes during the healing period
  • Results that deviate from what was discussed

Use time-stamped photos where possible and avoid filters or image compression.

3. Keep a Written Record

Write down key details while they are still fresh:

  • What was said during consultations or follow-up visits
  • Dates and times of symptoms, calls, or messages
  • Any contact you’ve had with the clinic after the procedure
  • Referrals to other doctors or second opinions received

Even informal WhatsApp messages or text replies from clinic staff can support a claim if they acknowledge problems or recommend corrective action.

4. Seek a Second Opinion (But Do Not Rush into Revision Surgery)

If you’re unsure whether something is wrong, seek a clinical review with a GP or an independent consultant. They can provide an impartial view of the result and any clinical failings. In some cases, they may recommend corrective treatment, but you should avoid undergoing revision surgery until legal advice has been obtained particularly if scarring or permanent damage is involved.

Revision procedures may remove important evidence of the original harm or make it harder to prove that the outcome was negligent.

5. Retain All Documentation and Expenses

Keep copies of:

  • Appointment letters and invoices
  • Prescriptions and medication costs
  • Taxi receipts or transport expenses
  • Letters from your GP or referrals to specialists
  • Counselling or psychological support records, where relevant

This documentation will support a claim for financial loss, treatment costs, and the practical impact of the injury on your daily life.

By following these steps early, you place yourself in a stronger position to pursue a claim if the evidence supports one.

Time Limits and Legal Deadlines in Ireland

In Ireland, you generally have two years to bring a cosmetic surgery negligence claim. This period is counted from the “date of knowledge” the point at which you knew, or should reasonably have known, that your injury was linked to substandard care.

For most people, this means the date of surgery or shortly after, once complications become clear. If you wait beyond the two-year limit without submitting your case to the Injuries Resolution Board (formerly PIAB), your claim may be barred entirely, even if negligence occurred.

There are limited exceptions:

  • Minors: The two-year time limit does not begin until the child’s 18th birthday. Claims can be brought up to their 20th birthday.
  • Individuals lacking mental capacity: The clock may be paused until legal capacity is regained, depending on the circumstances.

These exceptions aside, time is strictly enforced in Irish law. It’s not enough to raise concerns with your surgeon or seek follow-up care, you must formally initiate the claim within the two-year period to preserve your legal rights.

Delays also carry practical risks. Clinics may close, practitioners may relocate, and records may become harder to obtain. Scarring may improve or change over time, making it harder to document the original harm. Witnesses may forget key conversations, and evidence, such as pre-surgery photos or messages can be lost.

To avoid these complications, it’s always best to act promptly once you suspect that something went wrong.

Compensation in Cosmetic Surgery Negligence Claims

If your cosmetic procedure caused avoidable harm due to negligence, you may be entitled to compensation. In Ireland, compensation is typically assessed based on the type and extent of injury, the cost of further treatment, and the overall impact on your quality of life.

What Can Be Included in a Cosmetic Surgery Claim?

Depending on the circumstances, a claim may include:

  • Physical injuries: Scarring, deformity, disfigurement, nerve damage, impaired movement or function
  • Corrective medical treatment: Future surgery, dermatological care, physiotherapy, or nursing support
  • Psychological harm: Anxiety, distress, or loss of confidence that can be linked directly to the outcome
  • Loss of earnings: If the injury interfered with your work, especially in appearance-based roles
  • Out-of-pocket expenses: Prescriptions, transport, medical supplies, or private consultations
  • Impact on lifestyle: Where day-to-day living or social engagement has been affected

Every claim is assessed individually, based on medical evidence and expert reports.

Compensation Guidance Under the Personal Injuries Guidelines

The Personal Injuries Guidelines (2021)—used by both PIAB and the Irish courts—set out non-binding compensation ranges for certain injuries relevant to cosmetic surgery cases:

  • Facial disfigurement (most severe): €80,000–€200,000
  • Severe facial scarring: €60,000–€80,000
  • Noticeable non-facial scarring: €30,000–€80,000
  • Moderate disfigurement or cosmetic deficit: €10,000–€40,000
  • Minor scarring or visible imperfections: €1,000–€10,000

These figures are reference points, not fixed payouts. They don’t include associated costs like lost earnings or revision procedures, which are calculated separately based on your financial records and expert input.

What Affects the Final Award?

Factors influencing the value of a claim include:

  • The visibility and permanence of the injury
  • The psychological effect, as supported by a medical report
  • The need for additional surgery or treatment
  • The claimant’s age, occupation, and lifestyle before and after the procedure
  • Whether the injury is stabilised or still evolving

Why People Trust Crimmins Howard Solicitors with Cosmetic Surgery Negligence Claims

  • We take the time to get it right before we put anything in motion: Cosmetic surgery claims can’t be rushed. We dig into the detail – quietly, thoroughly, and without the sales pitch. If we take your case on, it’s because the facts support it and we’ve already done the groundwork.
  • We don’t hand clients off or keep them in the dark: You deal directly with your solicitor—not intermediaries or rotating caseworkers. That means fewer explanations, fewer delays, and a more focused strategy from start to finish.
  • We work in the background, but we work fast: Our clients aren’t looking for drama. They want answers, action, and accountability. That’s where we’re strongest: pressing for the right expert reports, securing records before they vanish, and putting pressure in the right place at the right time.
  • We’ve built our reputation handling claims others overlook: We’re not chasing flashy settlements. We’ve acted for clients whose claims were turned down elsewhere because we saw what others missed. Detail matters in these cases, and we know how to spot the difference between a weak claim and a misunderstood one.

We stay local, but we operate at a national standard: With offices in Clare and connections across Ireland, we combine personal service with high-end legal support. You won’t find us in the headlines but you will find us where results matter.

Frequently Asked Questions

Yes. Signing a consent form does not give the clinic a free pass. If the risks weren’t properly explained, or if the surgery went outside what was agreed, a consent form won’t prevent a negligence claim.

What if the procedure took place abroad?

You may still have a claim, but it’s more complex. Overseas claims involve different legal systems, time limits, and evidential rules. We’ve handled cross-border claims before and can advise you on whether it’s realistic to proceed.

How long do these claims take?

It depends. Some settle through the Injuries Resolution Board, while others require independent reports and litigation. On average, most cases take between 12 and 24 months. We move as quickly as the evidence and parties allow without compromising your position.

Do I need to undergo further surgery before making a claim?

No. In fact, it’s usually best to wait. Corrective procedures can interfere with evidence and make it harder to trace the harm back to the original treatment. We’ll advise on timing based on your specific case.

What if the clinic is no longer operating?

That doesn’t necessarily stop a claim. Many clinics are insured through professional indemnity schemes. We can often trace the insurer or practitioner through registration bodies and regulatory records.

Can I claim for non-surgical cosmetic treatments (like fillers or Botox)?

Yes if the treatment was administered negligently and caused harm. This includes unregulated practitioners, poor product use, or failure to handle known complications. The legal test is the same: was the harm avoidable and linked to substandard care?

Talk to a Solicitor Who Knows Cosmetic Surgery Claims

If you believe your cosmetic procedure caused avoidable harm, Crimmins Howard Solicitors can help. We’ll examine the facts, explain your legal options, and act quickly where it counts. Get in touch today to discuss your case.

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