Ensure you get appropriate and relevant legal advice from a solicitor about making a lip filler injury claim for compensation against a cosmetic surgeon.
In Ireland, lip filler procedures are usually carried out without complication. Although patients can suffer bruising, swelling and bleeding around the lips as a result of the procedures, these symptoms often disappear quickly with no long-term adverse effects. When more serious or permanent injuries occur, it may be possible to making a lip filler injury claim depending on the nature of the injury and its cause.
However, making a lip filler injury claim can be complicated. If you signed a contract consenting to the procedure after having been informed the injury you sustained was a possible risk, the cosmetic surgeon will deny liability for your injury. Similarly, if the injury could not have been avoided at the time and in the circumstances, a lip filler injury claim for compensation will likely be unsuccessful.
The success of a lip filler injury claim largely depends on the same criteria as a medical negligence claim – that “on the balance of probabilities” the cosmetic surgeon, the surgery, or an agent of the surgery demonstrated a lack of skill, and that lack of skill resulted in you sustaining an avoidable injury. Because the criteria is similar to a medical negligence claim, you cannot apply to the Injuries Board for an assessment and your case has to be handled by a solicitor.
After reviewing any pre-treatment contract you entered into and asking you about whether or not you gave your informed consent, your solicitor will usually engage a medical expert to ascertain the level of injury you have sustained, confirm that it could have been avoided with greater care, and – in the event of asymmetry or other irregularities – assess whether the injury can be reversed.
Once sufficient evident of negligence has been collected to support your lip filler injury claim, your solicitor will write to the cosmetic surgeon, providing details of the claim made against him or her, and requesting an offer of settlement. Should you be approached at this time by the cosmetic surgeon or their insurance company with a private offer of settlement, you must refer it to your solicitor.
When negligence has been acknowledged, your solicitor will negotiate an appropriate settlement of your claim based on the level of injury you have sustained, your pain and suffering (include mental suffering if you have experienced a lack of confidence), your age, previous state of health and your motive for undergoing the procedure in the first place.
Because of the complexity of making a lip filler injury claim, it is very important that you seek professional legal advice that is relevant to your specific circumstances. There are many different types of injury that can be sustained due to negligent lip filler procedures, and each one will affect patients differently. Therefore ensure you get appropriate and relevant legal advice from a solicitor at the first possible opportunity.