Medical negligence lawyer, Oliver Thorne, has recently settled a cosmetic surgery claim in which the claimant was awarded compensation for a negligent and unnecessary lower blepharoplasty.

Our client attended a consultation with a Consultant Plastic Surgeon in July 2011. She wanted the surgeon to perform an upper blepharoplasty. A blepharoplasty is surgery to repair ‘baggy’ eyelids and usually involves removal of excess skin, muscle and fat.

The cosmetic surgeon advised our client to undergo a lower blepharoplasty at the same time. This was not a procedure she had intended to have carried out, but he sold it to her on the basis that it would need doing at some point in the future, so it may as well be done at the same time as the upper blepharoplasty. The claimant underwent both procedures 8 days later.

Shortly after the surgery the client’s left eye was noted to be “a little droopy”.  She was not happy with the appearance of her lower eyelids. She felt these were too low and gave her an abnormal appearance.  In the weeks following her cosmetic surgery our client returned to the cosmetic surgeon who noted the lateral aspect of the upper eyelids were indeed drooping. To alleviate the problem he recommended massage and referred the client to an ophthalmologist for a further opinion.

The ophthalmologist examined our client and initially suggested that she should continue with her programme of daily massage. He also advised that if the appearance did not improve she would require a lateral canthopexy procedure to re-suspend her lower lids. Canthopexy involves the tightening of the ligament and/or muscle that supports the outer corner of the eyelid. At a  second appointment the ophthalmologist felt that her eyelids were in a better position, but he still thought her lower lids were laterally too low. The client was concerned about her right eye brow but the specialist did not feel anything should be done there. He ultimately concluded that a relatively minor procedure of canthal resuspension would give her a good improvement. He said however that the best result would probably be achieved by a mid-facelift, though this would be a much more extensive procedure.

Our client was understandably distressed by what had happened to her and consulted us about making a cosmetic surgery negligence claim. We agreed to take on her case and pursue the claim on a no win – no fee basis.

The claim was successful and we were able to secure the claimant a compensation award of £20,000 for the negligent blepharoplasty cosmetic surgery. The medical expert we instructed in the case was critical of the cosmetic surgeon for recommending that the claimant undergo a lower blepharoplasty in the first place. Having reviewed pre-operative photographs he was of the opinion that the surgery was not only performed negligently but was also completely unnecessary.

If you have undergone cosmetic surgery that you feel is substandard then call our cosmetic surgery negligence helpline on 0808 139 1592 or drop us an email with brief details of your case.

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