Abdominoplasty (commonly known as a tummy tuck) is a popular cosmetic surgery procedure.
With any tummy tuck procedure, a healthcare professional should provide advice on post-operative care, which may include steps such as wearing an elasticated garment to support the abdomen or resting in bed with knees bent to relieve pressure.
How do I know a tummy tuck has gone wrong?
As with any form of surgery, there are certain side-effects that are common, and are usually temporary. These can include swelling, bruising and numbness, although some more serious risks such as deep vein thrombosis can also arise.
However, there are some injuries that may arise from a tummy tuck operation that are due to medical negligence, and should not have arisen at all. These can include:
- nerve damage
- raised and/or red scarring
- lack of post-operative care
- poor repositioning/loss of the belly button
What are my options if my tummy tuck surgery was negligent?
If you feel that you have been subjected to negligent abdominoplasty treatment, an award of compensation can contribute towards any financial burdens you have suffered, or are likely to suffer, in the future as a result of the negligence. It will also help you get through any physical and emotional distress involved.
Making a claim doesn’t have to be stressful, if you choose the right representation. Our expert solicitors are specialists in clinical negligence, with particular expertise in cosmetic surgery claims. The care and experience we have delivered time and again to our clients means we have been recognised in the top tier of law firms for clinical negligence, by independent directories Legal 500 and Chambers.
It’s not just the firm as a whole that is ranked by these independent directories. You’ll be in safe hands with any one of the solicitors within our team, some of whom are even ranked as leaders in the 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 claim will have the best chance of success.
If you’d like to know more about how your claim might proceed, you can find out more about our claims process here.
What kind of compensation might I receive for a negligent tummy tuck?
This depends on your particular situation, and will be different for every Claimant. Compensation is made up of two distinct elements:
- General damages – this is compensation for your pain, suffering and the effects of the negligence 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 things like any financial losses you have incurred or will incur in the future, including loss of earnings or other income, travel expenses and other costs that we can show were caused by the negligence.
All compensation must be proved to be a result of the negligence medical treatment. If this link cannot be proven, then the court will not award the damages.
How long might it take to receive compensation for negligent tummy tuck surgery?
This depends on a number of factors – for example, whether your opponent is denying there was a fault, whether you need further treatment, whether the case needs a medical expert, and whether the case needs to go to Court. Your solicitor will be able to let you know how long the claim should take.
Most simple cases should be dealt with within 18-24 months. Although complicated claims can take longer than this, it is very rare for any new case to take more than three years.
Will the surgeon be struck off if I make a claim?
Not necessarily. The system of litigation and bringing a claim is focussed on compensating losses, rather than on punishing wrongdoing. Therefore regardless of whether you win your case there is no obligation for the surgeon to be struck off.
You can, however, make a formal complaint to the General Medical Council (GMC) requesting that they investigate the case. The GMC will then review your complaint. Ultimately, if they consider that the case warrants a disciplinary hearing, it is possible that the doctor may be punished or struck off. However this process is entirely separate from a clinical negligence claim.
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.
“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