Cosmetic Surgery and Medical Negligence in Ireland

1. Regulatory Context

• Ireland currently has limited specific regulation for cosmetic procedures.
  Surgeons performing major cosmetic surgery must be fully qualified doctors registered with the Irish Medical Council.

• However, non-surgical cosmetic treatments (e.g., Botox, fillers, laser treatments) are less strictly regulated. These can sometimes be administered by beauticians, nurses, or unregulated practitioners, leading to a higher risk of negligence.

• There is no dedicated “Cosmetic Surgery Regulator” yet, though the Health Products Regulatory Authority (HPRA) oversees medicines and devices like Botox.

✅ The Department of Health has proposed reforms (as of 2023-24) but major regulatory gaps still exist.

2. Common Grounds for Cosmetic Negligence Claims in Ireland

• Lack of proper informed consent (failure to explain risks, side effects, realistic outcomes).

• Substandard surgical technique (e.g., botched breast surgery, rhinoplasty leading to breathing problems).

• Improperly administered injectables (Botox/fillers causing nerve damage, blindness, facial deformity).

• Inadequate postoperative care (failure to treat infections, scarring, or hematoma).

• Misleading advertising (false claims about results, no mention of risks).

🔹 Irish law requires that patients are warned of material risks (following Geoghegan v Harris (2000) and principles based on UK cases like Montgomery v Lanarkshire Health Board (2015)).

3. Important Irish Case Law (Examples)

• Recent settlements

  • Cases involving botched breast augmentations have settled confidentially for amounts between €100,000–€400,000.

  • Injuries from Botox administered in beauty salons without medical supervision have led to settlements for facial nerve injury and permanent disfigurement.

4. Special Challenges in Irish Cosmetic Negligence Claims

• Causation difficulties:
  Plaintiffs must prove it was the practitioner’s negligence — not an unfortunate but recognised risk — that caused their poor outcome.

• Contributory negligence:
  If patients ignored postoperative instructions, their compensation may be reduced.

• Psychological harm:
  Irish courts increasingly recognize psychiatric injury (e.g., depression after cosmetic injury), but expert psychiatric evidence is usually needed.

5. Typical Damages in Cosmetic Negligence Cases (Ireland)

• Pain and suffering (physical and psychological)

• Cost of corrective surgery

• Loss of earnings (especially if appearance impacts career)

• Future care costs

• Psychiatric counseling costs

🔹 General damages for serious cosmetic injuries can exceed €100,000.
🔹 Minor but permanent scarring can lead to awards around €30,000–€70,000, depending on visibility and impact.

Quick Checklist for a Cosmetic Negligence Case in Ireland

✅ Was proper informed consent given?
✅ Was the procedure performed to the standard of an ordinary competent practitioner?
✅ Was there a clear injury that can be medically proven?
✅ Were postoperative complications managed appropriately?
✅ Are psychiatric injuries documented?

If you would like advice regarding an injury suffered while giving birth, please contact us.  We will listen to your account of what happened and advise you fully in relation to any claim you might have.

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