Claim for dermal filler gone wrong

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Dermal fillers are generally safe and involve a minimally invasive procedure to reverse the appearance of wrinkles, fill out facial lines, and smooth contours.

The procedure is normally very quick, and involves injecting material into the skin with an ultrafine needle. Most commonly, patients opt for a temporary filler made of hyaluronic acid, which is eventually absorbed into the body. However, some clinics offer more permanent solutions.

How do I know the dermal filler procedure has gone wrong?

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

  • infection leading to unsightly scarring
  • granuloma formation: a type of skin tissue reaction resulting in lumps and nodules. These can be chronic and may lead to progressive destructions and deformity
  • vascular occlusion: blockage of a blood vessel
  • ulcer formation
  • tissue necrosis (tissue death). This occurs when the blood supply to the skin and tissues is compromised, and can lead to the loss of the skin and tissues in question. This is a rare complication but has been documented in relation to dermal filler injections used in the periorbital area (the area around the eyes)

It is extremely important that the clinic 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.

What are my options if I have had a negligent dermal filler?

When a dermal filler goes wrong, undergoing a legal battle is probably the last thing on your mind. However, getting an award of compensation for negligence can help contribute towards any financial burdens you have suffered, or are likely to suffer in future, as well as helping you through any physical or emotional distress.

You might be thinking that the process of making a claim is a daunting one, however our solicitors are here to guide you every step of the way. Find out more about our claims process here.

We’re here to take the stress away from claiming. The care and expertise with which our team handle every case has even been independently recognised, placing us in the top tier of both of the UK’s independent legal directories; the Legal 500 and Chambers.

Furthermore, you’re in the safe hands of solicitors who are also, individually, leaders in their field. The team as a whole is 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 has the best chance at success.

What if there is a general disclaimer in the clinic’s brochure?

This may not be enough for the company to escape liability, particularly if the risks of the procedure are ‘obfuscated’ (hidden) in the small print, and no further discussions have taken place about the potential complications. If you are in doubt, please contact our team of specialist clinical negligence lawyers who will be able to advise you further.

If I make a claim for a negligent dermal filler, what kind of compensation might I expect?

This depends on the circumstances under which your dermal filler went wrong.

Usually, 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 dermal filler treatment. 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.

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 cannot see how you can improve your service. It was exceptional.
Royds Withy King Medical Negligence 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.

The simple answer is that it depends. Most temporary fillers are made from hyaluronic acid, which is a natural substance and is not toxicologically dangerous. Where an adverse complication is suffered in the case of these temporary fillers, it is more often the placement of the injection that is the issue, and therefore the clinic is potentially culpable. For instance, there have been a number of cases where a filler is accidentally injected into an artery, which then blocks the artery. This has been known to cause tissue loss or even blindness. Permanent fillers however are made from various different substances, and some of these may be harmful depending on the specific patient. They can also migrate to different parts of the body. In these instances, the manufacturer may also be culpable.


Contact us If you have undergone a dermal filler procedure that you are not happy with, you can speak to our team on: