Claims for cosmetic genital surgery

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Over recent years there has been an increasing demand for cosmetic genital surgery. In fact, recent studies have revealed that labiaplasty surgery is the world’s fastest growing cosmetic procedure.

Generally, vaginoplasty procedures are aimed at surgically tightening vaginal tissue which may have become loose from vaginal childbirth or aging, whereas labiaplasty procedures are generally aimed at changing the size and shape of the labia. This may be to correct an asymmetry for example. Virginal rejuvenation procedures are also on the rise, and are generally recommended by treatment providers to correct incontinence and increase sensitivity.

Whilst many of the procedures are beneficial for patients, there have been a number of adverse incidents reported during genital cosmetic surgery.

How do I know my cosmetic genital surgery has gone wrong?

If you have suffered one or more of the following complications, you may have a clinical negligence claim:

  • extrusion/erosion. This refers to incidents whereby the mesh used in the procedure. has migrated or become partially exposed through vaginal tissue
  • infection
  • scarring
  • perforation of organs such as the bladder or bowel
  • relapse of previous conditions
  • loss of sensitivity
  • fistulas
  • sexual difficulties leading to abstinence

It is extremely important that the practitioner explains all of the risks of the procedure to you so that you can make an informed decision about whether to go ahead with the procedure. If they fail to explain the risks to you, and you would not have undergone the procedure if they had, it is likely that you have a claim.

How do I claim for negligent cosmetic genital surgery?

If your cosmetic genital surgery was negligent, then you may be entitled to a claim for compensation. This can contribute towards any financial burdens you have suffered, or are likely to suffer, as well as the physical and emotional distress involved.

Failed cosmetic genital surgery is obviously a very personal and sensitive subject, and you may feel that taking up a legal claim is too daunting to undertake. However, our professional and caring staff of solicitors are known for the expertise that they bring to each and every case they take. That’s why our firm is ranked in the top tier in both leading Legal Directories, the Legal 500 and Chambers, and members of our clinical negligence team are also ranked as leaders in their field.

We are also independently accredited by The Law Society, The Association of Personal Injury Lawyers (APIL) and Action against Medical Accidents (AvMA), so you can be sure that your case will have the best chance at success.

If you’d like to know more about making a claim for negligent cosmetic genital surgery, find out more about our claims process here.

If I make a claim for a negligent cosmetic genital surgery, what kind of compensation might I expect?

This depends on your particular situation. Compensation is made up of two parts:

  • General damages – this is compensation for your pain, suffering and effects on your everyday life. The court will determine the amount by looking at the Judicial Studies Board Guidelines and the amounts awarded in recent similar cases.
  • Special damages – this includes any financial losses you’ve incurred or will incur in the future as a result of the negligence, including loss of earnings or other income, travel expenses and other costs incurred that we can show were caused by the negligence.

All compensation must be proved to be a result of the alleged negligent cosmetic genital surgery. If the link cannot be proved, then the court won’t award any damages. As the claimant, it is your responsibility to prove each and every aspect of your claim, including your entitlement to general and special damages.

What if my vaginal rejuvenation procedure was undertaken with a laser?

Lasers are being used more frequently in vaginal rejuvenation procedures to tighten vaginal tissues and increase sensitivity (or even to cure incontinence issues) by creating scar tissue. Many of the same complications can arise during laser vaginal rejuvenation.

It is important that the surgical technique employed is appropriate, and that you are informed of all the possible risks before-hand.

What if I experience an issue with a surgical mesh?

A mesh is often used if a vaginoplasty is undertaken in conjunction with a perineoplasty, during which pelvic floor muscles are sutured closer and the supporting tissue (fascia) is tightened. Many women suffer significant problems after the insertion of a transvaginal mesh, such as pain, discomfort, and even erosion into other organs causing major disability. Our clinical negligence specialists are well placed to assist you if you believe you have suffered an injury or illness as a result of a transvaginal mesh.

How can I pay for my claim?

We have a range of funding options for clients wanting to undergo a clinical negligence claim. Find out more about our funding options here.


Our credentials

“A premier Somerset firm with experience of a broad range of high-value matters, including catastrophic birth injury claims. Routinely engaged on cerebral palsy cases and spinal injury claims, and offers expertise in weight loss surgery and dental negligence matters. Strengths (Quotes mainly from clients): “Withy King were caring and understood us. They listened to our concerns and needs, and helped in whichever way they could.” “They are incredibly organised, easy to approach and they have a very supportive team who are incredibly sympathetic.” Notable practitioners: Head of department Simon Elliman (Band 1) oversees an array of complex claims, including cerebral palsy and spinal injury matters. In addition he acts on dental negligence cases. Sources say: “He is very able and he inspires confidence through calmness.” Market observers consider Paul Rumley (Band 1) “a very approachable lawyer with vast experience on high-value and complex cases.” He handles a range of matters including birth injury claims, fatal accidents and delay in diagnosis of cancer claims.” Chambers 2017 Somerset

“Highly commended firm with an excellent reputation across a broad spectrum of clinical negligence matters. Routinely acts on catastrophic cases including brain and spinal injury claims. Also noted for its handling of matters arising from amputation, delayed diagnosis and weight loss surgery. Strengths (Quotes mainly from clients): “They’ve been amazing. They spoke to me on a level I understood. They are very understanding and compassionate and they advised me well the whole way through.” Notable practitioners: Head of department Richard Coleman (Band 1) offers vast experience of complex claims involving cerebral palsy, spinal injury and bariatric surgery, among other matters. “He is very good at negotiating settlements in difficult cases” and “doesn’t lose sight of the human aspect of it all,” assert sources.” Chambers 2017 Oxford and surrounds

“Royds Withy King is a ‘leading firm’ for catastrophic birth injury cases. Key figures include practice head Simon Elliman, who handles dental negligence, cerebral palsy and spinal injury claims; ‘first-rate solicitor’ Paul Rumley; and Kerstin Kubiak, who stands out for her ‘exceptional analysis’.” Legal 500 2016 South West 

“The ‘knowledgeable, dependable and competent’ team at Royds Withy King is led by ‘astute strategist’ Richard Coleman and includes Tracy Norris-Evans, who is ‘extremely knowledgeable and committed to her clients’.” Legal 500 2016 South East

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I am very happy with not only the outcome but the service and knowledge of Ben Lees. He was courteous and professional throughout, breaking down complex medical and legal issues clearly and concisely. I wouldn't hesitate to use him again or recommend him to anyone requiring expertise in this area.
Royds Withy King client

FAQs

No. If the doctor or surgeon worked for an NHS hospital, you will be suing the employing NHS Trust. In the case of a private hospital you will sue the company that owns the private hospital if the surgeon is an employee there. If you are suing a private consultant who operates at the hospital but is not employed by the hospital, you will sue them personally as they will have their own indemnity insurance.

Where corrective or remedial treatment is necessary and appropriate this will be taken into account in your settlement.


Contact us If you have received cosmetic genital surgery that you are not happy with, you can speak to our team on: