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Tummy tuck negligence claims
If you’ve suffered an avoidable injury or illness during a tummy tuck procedure, you may have grounds to make a medical negligence compensation claim.
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Tummy Tuck Claims
Although most tummy tucks are performed with care and produce the expected result, some people aren’t so lucky. Errors made before, during or after surgery can have significant adverse consequences and may entitle you to make a tummy tuck claim.
Mistakes during the tummy tuck operation can lead to physical damage and injury. If this has an impact on your appearance, you may also suffer significant psychological and emotional distress. All these can be claimed as part of your compensation.
To find out if you have a valid claim and receive some free legal advice about the process, call 0800 470 0474 today for a free case assessment. If you would prefer somebody to call you back, get in touch by filling out our online claim form.
Key points about tummy tuck negligence claims
- Can I claim?
If a tummy tuck procedure caused unexpected scarring, infection, or complications due to negligence, you may be able to claim compensation. - Who is responsible?
You can bring a claim against a clinic, surgeon, or cosmetic practitioner who failed to meet professional standards. - What is the time limit?
Claims should be made within 3 years of the surgery or when you realised something went wrong. - How much can I claim?
Compensation may cover pain, revision surgery, lost earnings, and psychological trauma. - Will I have to pay legal fees?
Your solicitor will act on a no win, no fee basis, so you won’t pay anything if they don’t win your case.
If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.
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Table of Contents
What is a tummy tuck?
A tummy tuck, or abdominoplasty, is one of the most common types of cosmetic surgery. It is often chosen by those who want to achieve a streamlined figure and slimmer appearance.
People usually choose to have a tummy tuck following childbirth or after they have lost a significant amount of weight to improve the appearance of sagging skin. The operation aims to remove excess skin and fat from the abdomen and tighten the abdominal muscles.
There are three main types of tummy tuck procedures that can be performed, which are:
- Standard abdominoplasty – excess fat and skin are removed from the entire abdomen
- Mini abdominoplasty – it typically targets the lower abdomen, below the belly button
- Extended abdominoplasty – it also removes extra skin and fat from the flanks and lower back
If a tummy tuck procedure is not performed effectively, safely, or successfully as expected, it can lead to complications. You may be entitled to compensation if you experience unexpected pain, poor results, or excessive scarring due to negligence.
Am I eligible to make a tummy tuck claim?
A free consultation with a medical negligence solicitor is the easiest way to find out if you can start a tummy tuck compensation claim. Before accepting your case, they will verify whether:
- The treatment you received fell below a reasonable standard of care (breach of duty or negligence);
- You suffered harm that was directly caused by the breach of duty (causation);
- This has led to pain, suffering and financial losses (damages).
All healthcare professionals owe patients a legal duty of care. This means they must provide treatment that meets the reasonable standard of care expected from a competent professional in their field. In the context of a tummy tuck, this could mean:
- Provide clear, honest information about the risks, benefits, and realistic outcomes of the procedure;
- Thoroughly assess whether the patient is a suitable candidate, considering medical history, lifestyle and risk factors;
- Carry out the intervention safely and skilfully, following accepted medical standards;
- Follow strict hygiene practices to avoid infections;
- Provide proper aftercare monitoring and instructions.
If this duty of care is breached, you are eligible to make a claim whether you’ve signed a waiver or not.
How do I make an abdominoplasty negligence claim?
If you have suffered harm due to negligence during or after a tummy tuck, the first thing you should do is speak to a trained legal adviser. They will listen to your case, answer any questions you have and let you know if you could be entitled to compensation.
If you have a valid claim and would like to proceed, they will connect you with an experienced solicitor. As well as having experience in helping people claim compensation for all types of cosmetic surgery errors, they will also work on a no win no fee basis.
Your lawyer will help you gather evidence to support your claim, such as medical records and witness testimony. Once you have all this, they will send a letter of claim to the defendant outlining the negligence, injuries, and compensation sought.
If liability is admitted, your solicitor will negotiate a settlement on your behalf. If the defendant denies liability, your solicitor will gather further evidence and issue court proceedings.
Most claims (more than 96%) settle before a trial, but a judge will decide the outcome if necessary. If you win, you will receive your compensation in your bank account within four weeks.
What evidence is needed to support a tummy tuck compensation claim?
To support a claim and get the compensation you deserve, you need to gather strong evidence that demonstrates negligence and the harm caused by the procedure, which could include:
- Medical records that show your initial consultation, medical history and any tests or assessments before the surgery;
- Notes on complications, follow-up care and any remedial treatment you received;
- A report from a medical specialist who will assess whether the standard of care you received was negligent;
- A copy of the consent form or waiver you signed before the surgery can help check for errors or omissions;
- Before and after photos that show the results of the surgery, such as visible scarring, bruising, or other issues;
- Copies of any formal complaints made with the hospital and the responses you received;
- Any correspondence between you and your healthcare provider, such as emails or letters, which can prove whether you were given poor advice or fake promises;
- Statements from friends and family who were with you during the procedure or saw the complications you suffered;
- Your testimony about the physical and emotional distress, pain, and any negative effects on your daily life incurred due to the surgical procedure;
- You also need evidence of any financial losses incurred, such as receipts, invoices and payslips.
Do not worry if you don’t have all these types of proof. Your solicitor will help you gather everything you need to get the compensation you deserve.
What errors could lead to tummy tuck claims?
Tummy tucks are invasive procedures that require careful consideration before undergoing surgery. The operation is complex, and there are many potential risks to consider before choosing to have one.
Unfortunately, errors can sometimes occur during or after the procedure, which can lead to serious complications. This can result in significant injuries, excess pain, bad scars and emotional distress.
The following types of errors are amongst the most common related to tummy tucks:
- Failure to consider your medical history and eligibility for the procedure
- Unsanitary practices leading to infections
- Administering too much or too little anaesthesia
- Damage to nerves or organs during surgery
- Delayed response to complications such as blood clots, stroke or heart attack
- Using the wrong or faulty equipment during surgery
- Poor aftercare procedures and guidance
- Failure to fully explain the surgery, recovery, results and potential risks (lack of informed consent)
If a surgeon makes an error during the tummy tuck operation, resulting in avoidable harm, you may be entitled to make a claim for compensation.
What are the signs of potential tummy tuck negligence?
After any surgery, a certain degree of pain, discomfort and swelling is expected. You should have been advised of this during your initial consultation and before the surgery was performed.
However, if you experience significant pain and discomfort beyond what you would expect, it could be a sign that something has gone wrong.
Other signs that may indicate a potential issue with a tummy tuck include:
- Ongoing pain in the abdomen
- Skin puckering around the scar
- Collection of fluid, known as seroma, around the wound area
- Deformity of the skin
- Extreme tightness and limited mobility
- Loss or misplacement of belly button
- Excessive or raised scarring
- Bleeding under the skin (haematoma)
- Fever or chills may indicate an infection
- Breathing issues or chest pain may indicate a blood clot causing an embolism
These are just a few of the signs of a possible issue. If you experience any unexpected pain, problems or concerns following a tummy tuck, you should have them investigated as soon as possible by a doctor.
If the issues resulted from negligence on behalf of the surgeon or any other medical professional responsible for your care, you could be entitled to make a tummy tuck compensation claim.
Can I claim compensation for tummy tuck surgery abroad?
Yes. You may be able to claim for tummy tuck negligence even if you had cosmetic surgery abroad. Many people choose to have an intervention in other countries due to lower medical costs, but this might come with some risks.
The standards of care, training, and regulations abroad can vary from country to country, as can your eligibility to make a claim. Furthermore, you may not be offered follow-up care, and it may be difficult for you to return if something goes wrong.
Before seeking treatment outside of the UK, you should thoroughly look into the surgeon or clinic you plan on choosing. You should also make sure they have insurance to cover any personal injury you may suffer.
While claiming compensation for a tummy tuck gone wrong abroad is possible, it can be more difficult than claiming in the UK. Seeking legal advice as early as possible is crucial to improve your chances of success.
How long do I have to make a negligent tummy tuck claim?
As with the vast majority of personal injury and medical negligence claims, there is a time limit of three years to start your claim. Depending on the circumstances of your case, this three-year limit will either begin on:
- The date of your tummy tuck surgery if the error and injury are immediately apparent.
- The date you were made aware that you have suffered an injury or illness as a result of medical negligence. This is known as the date of knowledge.
When it comes to medical negligence, such as errors during tummy tucks and other cosmetic procedures, the date of knowledge is very important. This is because the impact of a surgical error and the fact that medical negligence may be the cause may not be known for several weeks or months after the surgery.
If you want to make a cosmetic surgery claim following abdominoplasty abroad, the time limit can be shorter than three years, as it varies from country to country.
If you are unsure if you are within the time limit and eligible to claim, call 0800 470 0474 to speak to a legal adviser. They will discuss the circumstances of your case and let you know if you have a valid tummy tuck negligence claim.
How much compensation will I be awarded for a botched tummy tuck?
The amount of compensation you can claim for a tummy tuck procedure gone wrong will depend upon the severity of the injuries and damages that you have suffered.
Your personal injury solicitors will ensure that you are awarded a settlement figure that thoroughly reflects all losses you have sustained. Your compensation claim is broken down into two parts:
- General damages compensate for the pain and suffering caused by the injuries you sustained.
- Special damages cover any financial losses and expenses you have incurred as a result of the negligence and subsequent injuries.
As mentioned above, your solicitor will assess all of your injuries and financial losses to negotiate the maximum possible compensation award on your behalf. Depending on your circumstances, this may include:
- Physical pain and damage
- Emotional and psychological distress
- Loss of enjoyment of life
- Loss of earnings during recovery
- Future loss of earnings if your injuries are ongoing
- Cost of private medical treatment and medications
- Cost of travel associated with treatment needs
- Care costs during recovery or long-term
You can refer to our compensation calculator to get an idea of how much you could be owed within just a few minutes. Our compensation calculator uses the latest Judicial College guidelines.
Can I make a tummy tuck negligence claim with a No Win No Fee solicitor?
Yes, all of the solicitors we work with are able to offer a no win no fee service. But what does this mean? No win no fee, also known as a conditional fee agreement, provides personal injury claimants with a number of benefits:
- Firstly, you won’t have to pay any upfront fees to your solicitor. You can start a claim without it costing you anything and with no hidden costs.
- Another benefit is that it removes any financial risk. If your solicitor is unable to win your compensation claim, you won’t have to pay them a penny.
- You only pay your solicitor if they win your case, and only once compensation has been awarded. They will deduct a pre-agreed percentage from your award, which is known as a success fee and is capped at 25% of your settlement.
The details of this agreement will be discussed with you before you start your claim, so everything is upfront and transparent, with no hidden surprises.
To find out more about the no win no fee process or making a botched abdominoplasty claim, contact us today by calling 0800 470 0474 for a free consultation with a legal adviser. If you prefer to receive a call back, enter your details into our online claim form.
