Mrs. Chris Moffat,  Legal Executive with Suffolk Solicitors, Jackaman Smith & Mulley, and a member of the Law Society Clinical Negligence Panel and Senior Litigator with the Association of Personal Injury Lawyers, this month highlights some of the problems inherent in the cosmetic surgery marketplace.

We have all, at some time, picked up a glossy magazine and seen the number of advertisements promising cosmetic perfection at an affordable price. However, as in most things in life, you only get what you pay for, and in the case of any private surgical procedure it is even more important that the “buyer beware”.

There is now far more pressure, through the media and celebrity, to attain the perfect face or figure, and over the past few years, cosmetic surgery, formerly only the domain of Hollywood stars, is now available to the ordinary person in the street; it is commonplace for people to travel abroad for such treatment, since, at first glance, the cost of surgery abroad is much cheaper than in the UK.  Potential cosmetic surgery clients should be made aware of the risks involved in travelling overseas for surgery, in particular if things go wrong.   Chris recounts one of her recent cases:  “my client had entered into a contract for a breast augmentation in the United Kingdom, the operation itself being carried out in Cyprus as the cost was much lower.  Unfortunately, during surgery, one of the prosthetic implants started to leak and had to be removed; whilst my client was told that a replacement implant would be obtained and a further operation performed to insert a new implant at no extra charge, because of the additional cost of hospital accommodation, which was not covered, my client could not afford to stay in Cyprus to await the further procedure.  She had to travel back to the UK and return to Cyprus at a later date when the new implant was inserted; however, again, due to the additional cost of accommodation, my client was unable to remain in Cyprus for after-care.  My client travelled home as her insurance did not cover those additional costs, even though she was already exhibiting signs of having developed an infection.   Upon my client returning home, her condition deteriorated and she had to undergo emergency surgery when the implant was removed; it had become seriously infected.  As a result my client was left traumatised and with extensive scarring.

It was only fortunate that the contract for the surgery had been entered into in the UK and that Cyprus is an EU member state, thus enabling a successful claim to be pursued.  My client told me that had she appreciated the risks of the surgery and realised that complications and additional stress could arise, she would definitely not have decided to have her surgery abroad. Even though her claim was successful and she was able to undergo remedial surgery, my client’s life has changed and she is finding it very difficult to regain her confidence; she had been reassured by the surgeon that her operation was a relatively straightforward procedure, but it was very apparent, on reviewing the clinical notes that the surgeon had failed to explain what risks were inherent with that type of procedure, neither had the client been given sufficient time to ask questions in order to find out for herself what the risks and true costs were.”

It is essential that any prospective patient should research the procedure that they wish to undergo and talk to their GP who would also be able to assist them in locating a properly qualified Surgeon - a member of the British Association of Aesthetic Plastic Surgeons (BAAPS) and registered with the GMC.  It is imperative that the chosen Surgeon is properly qualified and experienced in the procedure which the patient wishes to undergo, and, if deciding on surgery abroad, that they are fully aware of the standards of care in that particular country, and what after-care would be available in the UK upon their return.  Patients should not be rushed into signing up for surgery and should not hesitate to ask questions and query the surgeon’s experience; most importantly, if they do decide on surgery abroad, they should ensure that they have adequate insurance which would cover them if anything did go wrong, since unforeseen additional costs could prove prohibitive.