Understanding the complications of negligent rhinoplasty

Although rhinoplasty is a common cosmetic procedure, it still demands careful planning and technique to perform safely and correctly.

Like any surgery, rhinoplasty carries inherent risks, which should be explained to patients beforehand. Even if all appropriate steps are taken, a good outcome is not guaranteed.

However, if a poor outcome is due to a surgeon or healthcare professional falling below acceptable standards, then it may be grounds for a cosmetic surgery negligence claim.

Several examples of negligence during nose surgery include:

Inadequate pre-operative assessment

A substandard pre-operative assessment, such as analysis of skin thickness and nasal structure, or not understanding the patient’s goals, can lead to avoidable complications and unsatisfactory outcomes.

Failure to obtain informed consent

If the patient is not fully informed of the inherent risks associated with rhinoplasty, it may be considered negligent if they experience a poor cosmetic surgery outcome.

Surgical errors during the procedure

Mistakes during surgery, such as excessive removal of cartilage or bone, or damage to the nasal septum, can endanger someone’s health and the final result.

Retained foreign objects

It is negligent for a surgeon to leave foreign objects, such as surgical packing, graft material or instrument fragments in the nose post-surgery.

Improper anaesthesia application

Using too much anaesthetic can lead to cardiovascular, respiratory and neurological issues. Similarly, using too little anaesthetic can cause the patient to experience pain or regain consciousness during their procedure, known as anaesthesia awareness.

Poor hygiene standards

Unsterilised instruments or surgical environments may result in patients contracting infections that jeopardise their long-term health.

Inadequate aftercare post-surgery

Poor monitoring of the patient’s welfare, prescribing inappropriate medications or removing bandages prematurely can all be examples of negligent treatment.

A drastically different outcome

If the outcome of the patient’s surgery is noticeably different from what was agreed with the surgeon before the procedure, this may be grounds for a negligence claim.

Who can be responsible for negligent rhinoplasty?

Healthcare professionals who can be responsible for surgical errors during rhinoplasty include:

• Plastic surgeons and cosmetic surgeons
• Anaesthetists
• Surgical assistants and operating theatre staff
• Nursing staff

If an NHS hospital performed the rhinoplasty procedure, the claim will be made against the relevant NHS trust. If it was performed in a private clinic or private hospital, the claim is against the individual hospital or surgeon responsible.

If you believe that you or someone you loved was harmed by negligent treatment during rhinoplasty, it is in your best interests to contact a specialist medical negligence solicitor or law firm. They are best equipped to review and investigate your claim, and determine if you have a valid case.

Before reaching out to a solicitor, it can be helpful to do the following:

• Seek medical treatment for any complications or ongoing symptoms, as your health is still the number one priority
• Request copies of your medical records from the clinic or hospital, as these will be crucial to proving your case
• Write down everything you can remember about your experience, so you can explain your story clearly to your solicitor
• Keep a record of your symptoms and the impact they have had on your day-to-day life
• Document any additional medical treatment or corrective surgery you had after the original incident

How do I prove negligent rhinoplasty?

As mentioned earlier, rhinoplasty has numerous risks. A poor outcome may not be the result of a negligent mistake, but something that happens regardless of the standard of care provided.

Proving cosmetic surgery negligence is based on three criteria:

1. Did your surgeon breach their duty of care to you?
2. Did you suffer pain, injury, loss or damage during your treatment?
3. Was your suffering a direct result of the breach of duty of care?

A successful negligence claim requires all three of these factors to be proven. 

For a breach of duty of care, you must show that the level of care you received was below the standard that would reasonably be expected from a competent plastic surgeon.

To establish causation, you must demonstrate a clear connection between the negligent treatment and the harm suffered. This is assessed on the Balance of Probabilities, meaning it must be more likely than not that the negligence led to the harm.

As UK specialists in cosmetic surgery negligence claims, our solicitors investigate a wide range of evidence to prove our clients suffered due to negligent treatment, including:

• Patient medical records
• Consultation notes before the surgery
• Consent forms
• Operation notes
• Photographs and other media
• Witness statements
• Correspondence with the surgeon, clinic or hospital
• Medical expert reports

Independent medical expert reports play a key role in establishing both breach of duty and causation. For this reason, we maintain a broad network of cosmetic surgeons and other healthcare professionals who can provide clear, reliable opinions to achieve the most accurate assessment of the case.

There is no average compensation award for negligent rhinoplasty – every claim is unique, and compensation is always determined on a case-by-case basis.

Medical negligence compensation is split into two main categories:

General damages

General damages cover the physical and psychological harm caused by negligent rhinoplasty – often referred to as compensation for pain, suffering, and loss of amenity (PSLA).

In these cases, we may refer to the Judicial College Guidelines (JCG), which offer compensation value estimates for common injuries that may occur in these instances, including:

• Brain and head injuries
• Impairment of taste and smell
• Facial injuries
• Psychological damage
• Injuries resulting in death

Special damages

Special damages reflect the present and future expenses caused by the claimant’s injuries. Examples of this may include:

• Corrective rhinoplasty surgeries
• Medication and treatment
• Loss of earnings
• Therapy sessions
• Medical aids and equipment
• Care and support costs
• Travel expenses

Special damages are often where there are the greatest variations in compensation awarded, as they depend on the claimant’s age, family circumstances, employment and numerous other factors.