Case Study
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Negligence

£30,000 Secured After Cosmetic Surgery Left Client with Disfiguring Scars

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£30,000 Settlement

The Incident

Our client underwent what should have been a straightforward direct brow lift surgery. The procedure was intended to leave minimal, thin scarring just above the eyebrow line – a routine cosmetic operation with predictable outcomes when performed correctly.

However, the reality was starkly different. Following the surgery, our client was left with thick, prominent scars above both eyebrows. These unsightly scars were far more severe than what would be expected from a properly performed procedure, and they had a devastating impact on our client’s life.

The psychological toll was immense. Our client’s self-esteem was seriously diminished, and he became reluctant to leave his home. What was meant to be a confidence-boosting procedure had instead led to social isolation and significant distress.

The Law on Medical Negligence in Scotland

Medical negligence claims in Scotland are governed by the principles established in the case of Hunter v Hanley. To succeed in a claim, three key elements must be proven:

1. Duty of Care – A healthcare professional owed a duty of care to the patient

2. Breach of Duty – The standard of care fell below what a reasonably competent practitioner would provide

3. Causation – The breach directly caused injury or harm to the patient

In cosmetic surgery cases, the standard of care is judged against what a responsible body of medical professionals would consider acceptable practice. Where the outcome is significantly worse than what a patient should reasonably expect, this can indicate a breach of duty.

Claims must generally be raised within three years of the date of the incident or the date the patient became aware of the negligence.

Compensation for Cosmetic Surgery Negligence

Damages in medical negligence cases in Scotland are awarded under two main categories:

· Solatium – Compensation for pain, suffering, and the psychological impact of the injury

· Financial Losses – Including loss of earnings, future treatment costs, and any other expenses incurred as a result of the negligence

In cases involving disfigurement and scarring, particularly where this has led to psychological harm and social withdrawal, compensation reflects both the physical injury and the profound impact on quality of life.

For our client, the £30,000 settlement acknowledged the permanent scarring, the psychological distress, and the significant impact on his day-to-day life and wellbeing.

How the Claim Was Handled

Securing Expert Evidence

One of the crucial aspects of this case was obtaining independent medical evidence. We instructed a specialist cosmetic surgery expert based in England to ensure complete impartiality. This specialist reviewed the surgical records, examined our client, and provided a detailed report supporting our position that the surgery had been performed negligently.

The expert opinion confirmed that the scarring was not a normal outcome of a properly performed direct brow lift procedure, and that the surgical technique used had fallen below acceptable standards.

Defending Against Denial

The defenders denied liability throughout the initial stages of the claim. They maintained that the surgery had been performed correctly and that they were not responsible for the outcome. This is a common tactic in medical negligence cases, but we were prepared to fight for our client’s rights.

Litigation

With the defenders refusing to accept responsibility, we had no choice but to raise court proceedings. Over the course of almost two years, we meticulously worked through the case, examining stacks of medical records and building a comprehensive evidential foundation.

We challenged the defenders at every stage, refusing to accept their position that the outcome was unavoidable. Our persistence and thorough preparation ultimately led to a successful settlement.

Khan Law’s Role

· Instructed an independent specialist from England to ensure impartial medical evidence

· Raised court proceedings when liability was denied

· Conducted detailed analysis of extensive medical records

· Negotiated persistently over two years of litigation

· Secured a fair settlement of £30,000 reflecting the full impact of the negligence

Result

Through determined litigation and robust expert evidence, Khan Law achieved a settlement of £30,000 for our client. This compensation acknowledged the physical scarring, the profound psychological impact, and the disruption to his life caused by substandard cosmetic surgery.

 

To speak to our team, call 0141 378 0514 or complete our confidential online enquiry form down below. We are ready to help you get answers — and the compensation you deserve.

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