The Medical Defence Union (MDU) has carried out a new survey, the results of which indicate that 20% of all clinical negligence claims against plastic surgeons relate to the issue of consent, with many patients arguing they weren’t made aware of the risks. 28% of all settled claims are to do with consent, according to the MDU’s data.
Breast surgery, facelifts, eyelid modification (blepharoplasty), nose jobs (rhinoplasty) and tummy tucks (abdominoplasty) account for 80% of all claims.
The number of private cosmetic procedures carried out in the UK has risen from 22,000 in 2005 to more than 38,000 in 2009, and this has fuelled an increase in the number of negligence claims.
Author of the MDU report, Dr James Armstrong, said the figures were “hardly surprising” when you look at the number of procedures and the fact that many patients expect a level of perfection that simply isn’t realistic.
Many of those pursuing negligence claims on the basis of consent suffered complications such as haematoma, necrotising fasciitis and stroke, and said they wouldn’t have gone ahead with the procedure if they had fully understood the risks.
In one such case, a claimant alleged that fully informed consent and a full medical history hadn’t been obtained by the surgeon before a facelift procedure. The patient suffered a stroke after the operation, and eventually had their claim settled for more than 500,000.
Other patients claiming for negligence have suffered scarring or asymmetry, whilst some have simply felt their expectations haven’t been met. Some claims were settled after expert witnesses testified that patients should have undergone a psychological assessment before surgery went ahead. These cases included patients who had asked for multiple breast augmentation procedures.
Speaking on behalf of the MDU, Dr Armstrong commented on the importance of a “robust consent procedure” with all forms of surgery, but stressed that, when dealing with cases where “patients seeking physical ‘perfection’ may have high, even unrealistic, expectations,” consent is even more important. He also commented that in cases where surgery is carried out for aesthetic rather than medical reasons, patients tend to be less willing to accept adverse consequences.
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