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Unregulated cosmetic surgery can lead to death

A healthcare scandal of significant proportions is currently occurring in Ireland, in circumstances where the Irish healthcare system has neglected or omitted to properly regulate cosmetic surgery.

On Tuesday, 18 December, 2007, Raymond Bradley, Managing Partner, Malcomson Law, appeared on RTE's Prime Time programme as part of a programme disussing the dangers of cosmetic surgery in Ireland and whether sufficient protections are in place for patients.

To view the programme Click Here or go to the RTE website.

To allow a scenario to occur where surgeons, whose specific expertise is often uncertain, are flown into this country by Cosmetic Surgery Clinics for the purposes of under-taking significant procedures without any regulation occurring in respect of such activities is fundamentally wrong. Many vulnerable persons who for reasons of vanity or other understandable reasons undergo cosmetic surgery do so potentially at risk to their health or very existence. Many private clinics have sprung up to meet the need of the Celtic tiger cubs who aspire to live the WAG lifestyle and join the size zero brigade. These clinics are operated in many instances by persons who have no medical qualifications. In addition, the surgeons who undertake procedures at such clinics often possess inappropriate qualifications for the procedure being undertaken. In addition, there is a distinct lack of aftercare facilities provided in relation to such cosmetic surgery procedures. This particular consequence is most apparent in circumstances where a particular adverse consequence occurs that necessitates immediate medical intervention.

Over the past year at Malcomson Law, we have seen many persons who have suffered illness arising out of the lack of proper aftercare facilities. In addition, we have seen situations where many persons who underwent cosmetic surgery were operated upon by medical practitioners who may have been inappropriately qualified for the particular procedure undertaken.

Advertising undertaken by such clinics is often misleading in the extreme. Many members of the public who would be unfamiliar with medical procedures undoubtedly are misled by such advertising.

In addition, proper informed consent is often not delivered by the patient as foreign doctors fly into Ireland for the purposes of undertaking the procedure in circumstances where inappropriate time is available between the consultation and the time of the procedure for appropriate consent to be delivered by the patient. In addition, such patients do not have the facility of being able to discuss with their general practitioner the merits and demerits of the considered procedure.

Also, there is a conflict of interest situation in relation to the clinics position, in that the clinic is operated for the purposes of making a profit. Such a clinic is in the business of delivering quick-fix surgery, which surgery has many risks attached to it and those risks are often not properly conveyed in sufficient detail for a particularly vulnerable patient who appreciates such a risk.

It is incumbent upon the Minister for Health and Children to introduce strict licensing requirements for cosmetic surgery clinics or similar type healthcare facilities. In addition, each and every cosmetic must provide aftercare facilities if required. Also, each surgeon who undertakes any procedure of a cosmetic surgery nature must remain within the jurisdiction for a defined period after the surgery in order to address any adverse consequences associated with the surgery.

In addition, clear sanctions should be available for breach of the licensing obligations associated with cosmetic clinics, i.e., if a clinic breaches the licensing requirements then their license if immediately suspended.

At the present time a person's health is placed at risk in circumstances where patients have suffered significant pain and suffering arising out of post operative infections, adverse consequences in terms of serious illness and now it appears that there is a consequence of death. All of the foregoing require appropriate, proactive intervention by the Minister for Health and Children to address these difficulties.

Seeking Health Law Advice

For further information and advice regarding your legal rights and entitlements, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. Your enquiry will be forwarded to a solicitor who specialises in Medical Negligence.

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