Taking steps to undergo a cosmetic operation is not without risks. Failed cosmetic surgeries are still possible despite innovations in this area. What are the remedies after failed cosmetic surgery? What support to expect? And, upstream, what are the precautions to take before choosing a cosmetic surgeon?

The obligation of result for surgeons, myth or reality?

It may seem paradoxical, but cosmetic surgeons do not have an obligation of result as such. They only have an obligation of means, as with all medical specialties. In other words, they are obliged not to make any errors in the process until the post-operative follow-up.

The result of an aesthetic operation is special in that it is not quantifiable. Unless there is an obvious error – and again, this remains subjective – the quality of the result is measured differently by everyone. Cosmetic surgeons cannot therefore, a priori, be held responsible for a result which does not conform to the patient’s wishes.

What does justice do in the event of an unhappy customer?

However, case law has often ruled in favor of patients. Thus enhanced obligation of means has become the norm. In 1991, a decree of the Nancy Court of Appeal thus considered that “The obligation of means weighing on the practitioner must be appreciated much more strictly than in the context of conventional surgery, since cosmetic surgery aims, not to restore health, but to bring improvement and aesthetic comfort to a situation deemed unbearable by the patient ”. The result must therefore be objectively in accordance with the initial request and the estimate.

Justice is also particularly attentive to cases suggesting a manifest error of the surgeon. In particular if the latter has not respected all the prerogatives imposed by law in terms of information to the patient on the risks.

If you feel that the result of your surgery is not what you requested, you can talk to your surgeon. This is possible if you notice an asymmetry, for example in the case of a breast augmentation. Or, after rhinoplasty, you find that your nose is not exactly the shape you requested.

In all those cases where it is always possible to do something, an amicable agreement is the best solution. If the surgeon admits from the outset, not necessarily his mistake, but the possible room for improvement, he will be able to offer you a second operation at a lower cost to achieve the desired result.

Note that, especially for nose operations, retouching after a first operation is common. So don’t be afraid to talk about it with your practitioner.

In the context of an obvious failure, the surgeon can also admit to having made a technical fault. In this case, his compulsory insurance will cover the “repairs”.

If you cannot reach an agreement with your surgeon, if he considers that a second operation is not possible, turn to the Council of the Order of Physicians or, directly, to justice.

Likewise, if you have not had a detailed estimate, if all the risks incurred have not been notified to you, you can take legal action. This will be the district court for an amount of damage equal to or less than € 10, or the district court for a higher amount. The prescription is 000 years, but do not delay taking this step if your life is turned upside down by this procedure.

In the context of a failed cosmetic surgery, the physical and moral damage of which is significant, it is strongly recommended to consult a lawyer. This will allow you to build a strong case. Depending on your insurance, you may be able to receive financial assistance to pay the fees. 

Ask about the clinic and the surgeon

In addition to the good reputation he must demonstrate, obtain information about your surgeon from the website of the Council of the Order of Physicians. Indeed, make sure that he is indeed specialized in reconstructive and aesthetic plastic surgery. Other practitioners are not allowed to perform this type of operation.

Also check that the clinic is one of the approved establishments for these procedures.

Make sure you have a detailed estimate of the operation and operative follow-up

The surgeon must inform you verbally of the consequences and risks of the operation. The estimate must contain all the necessary information about the intervention.

On your side, just before the operation, you will have to fill out an “informed consent form”. However, this does not call into question the liability of the practitioner.

A mandatory time for reflection

There must be a 14-day delay between an appointment with the surgeon and the operation. This period is that of reflection. You can completely reverse your decision within this period.

Do I need to take out insurance?

The patient must under no circumstances take out specific insurance for cosmetic surgery. It is up to the surgeon to have one and to inform his patients about the documents provided before the operation.