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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Botched Cosmetic Surgery Claims

England & WalesLast reviewed 18 September 2026

A disappointing result is not automatically negligent. A cosmetic surgery claim succeeds where the surgeon's technique or care fell below a reasonable standard, or where you were not properly told of the risks and realistic results, and you suffered avoidable harm such as scarring, deformity or infection.

Poor Result or Negligence?

Direct Answer: Cosmetic surgery carries a risk of unsatisfactory results, and dissatisfaction alone is not negligence. A claim needs evidence of substandard technique, poor selection or planning, inadequate aftercare or an absence of informed consent.

Typical allegations include operating on someone who was not suitable, asymmetry or deformity beyond what competent surgery would produce, damage to nerves or other structures, infection due to poor hygiene, and failure to recognise and treat complications promptly. An independent expert surgeon compares the outcome and records with what a reasonably competent surgeon would have done.

Consent, Consultation and Cooling-Off

Under Montgomery v Lanarkshire Health Board [2015] UKSC 11, you must be told of any material risks and reasonable alternatives, and cosmetic patients should also be given a realistic picture of the likely result. Professional guidance recommends a proper consultation, time to reflect and information about the surgeon's qualifications. If you were pressured, shown misleading before-and-after photos or not told of the risks, that can be central to a claim.

Regulation and Waivers

Independent providers of surgical procedures must be registered with the CQC under the Health and Social Care Act 2008. Consent forms or waivers signed before surgery cannot exclude liability for personal injury caused by negligence: under section 65 of the Consumer Rights Act 2015 a trader cannot exclude or restrict such liability in a consumer contract or notice, and section 49 requires services to be performed with reasonable care and skill.

Frequently Asked Questions

Can I claim if I'm unhappy with my cosmetic surgery result?

Only if the result reflects negligence, such as substandard technique or a failure to warn you of a material risk. Dissatisfaction with a competently performed operation is not enough.

Does the consent form I signed stop me claiming?

No, not for negligently caused injury. A term or notice in a consumer contract cannot exclude liability for personal injury caused by negligence.

What if the clinic has closed?

You may still be able to claim against the surgeon personally or their indemnity insurer, or the clinic's insurer. Take advice promptly, since tracing insurers can take time.

Can I claim for corrective surgery?

Yes, if the need arose from negligent treatment. The reasonable cost of revision surgery, and any psychological treatment, can be included.

What compensation can I get?

Damages for pain and suffering, including scarring and disfigurement, plus corrective treatment costs, psychological harm and any financial losses, assessed with expert evidence.

What do I have to prove?

That the practitioner's care fell below the standard of a reasonably competent practitioner, or that you were not told of a material risk you would have wanted to know about, and that this caused you harm. An unhappy result or a recognised complication is not by itself negligence, so expert evidence is normally needed.

How long do I have to bring a cosmetic procedure claim?

Generally three years from the treatment or, if later, the date you first knew the injury was significant and connected to it. The court has a limited discretion to allow late claims, but you should not rely on it. Take advice early because evidence such as photographs and consent forms can be lost.

Can I bring a cosmetic surgery claim on a no win no fee basis?

Often, yes, if a solicitor thinks the claim has reasonable prospects. Legal aid is not generally available. Under a Conditional Fee Agreement you pay no solicitor fees if the claim fails, and a success fee capped at 25% of general damages and past losses is deducted if it succeeds. Claims need expert evidence, so ask how those costs are covered.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  7. Montgomery v Lanarkshire Health Board [2015] UKSC 11

    Doctors must take reasonable care to ensure a patient is aware of any material risks of a recommended treatment and of reasonable alternatives. Consent is judged from the patient's perspective, not by what a responsible body of doctors would disclose (the Bolam test).

  8. Health and Social Care Act 2008

    Requires providers of regulated activities, including surgical procedures at independent cosmetic surgery clinics, to register with the Care Quality Commission and meet its essential standards.

  9. Consumer Rights Act 2015, s.49 (service to be performed with reasonable care and skill)

    In a consumer contract for services, the trader must perform the service with reasonable care and skill — relevant to gyms, hotels, salons and activity providers.

  10. Consumer Rights Act 2015, s.65 (no exclusion of liability for negligence causing death or personal injury)

    A trader cannot exclude or restrict liability for death or personal injury caused by negligence through a term in a consumer contract or a notice, so a waiver or 'enter at your own risk' sign does not defeat such a claim.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Edward & Amaury Solicitors what happened and get a free, no-obligation review of your situation.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.