Cosmetic Surgery Claims — No Win No Fee
Cosmetic surgery negligence claims can be pursued on a no win no fee basis when a procedure is performed below the expected standard of care, or when the practitioner fails to obtain proper informed consent, resulting in harm.
What Are the Most Common Cosmetic Surgery Claims?
Direct Answer: Common cosmetic surgery claims include breast augmentation/reduction complications, rhinoplasty errors, liposuction injuries, facelift nerve damage, and botched non-surgical procedures (fillers, Botox). Claims can be brought on a CFA basis. The Montgomery consent standard applies.
- Breast augmentation/reduction — asymmetry, capsular contracture, implant rupture, nerve damage
- Rhinoplasty — breathing difficulties, poor aesthetic result, collapse
- Liposuction — contour irregularities, burns, organ perforation
- Facelifts and brow lifts — nerve damage, asymmetry, scarring
- Tummy tuck (abdominoplasty) — wound breakdown, excessive scarring
- Dermal fillers and Botox — vascular occlusion, blindness, tissue necrosis
- Laser treatment — burns, scarring, pigmentation changes
What Counts as Informed Consent?
The Supreme Court's decision in Montgomery v Lanarkshire Health Board [2015] fundamentally changed consent law. Practitioners must now ensure patients are aware of any material risks — a risk is "material" if a reasonable person in the patient's position would be likely to attach significance to it. This is particularly important in cosmetic surgery, where procedures are elective and the decision to proceed is driven by the patient's informed choice.
How Are Cosmetic Procedures Regulated?
Cosmetic surgery is regulated by the Care Quality Commission (CQC) in England. Surgeons performing cosmetic procedures must be registered with the General Medical Council (GMC) and, for surgery, should be on the GMC's Specialist Register. Non-surgical cosmetic procedures (fillers, Botox) are less regulated, though increasing regulation is being introduced.
Frequently Asked Questions
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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.
- 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.
- 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.
- 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
- 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 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.