If a cosmetic surgery operation goes wrong, can I claim?

Question

José Manuel Alburquerque · Accepted Answer

Yes, but it is not enough that you do not like the result. The surgeon undertakes to use the proper means and not to achieve a result, unless they committed to a specific one. As it is an elective operation, they must inform you in more detail than for a necessary one, including about rare risks and the possibility of not achieving what you are looking for. You can claim if there was an error in the operation or the follow-up, if you were not properly informed or if what you were promised in the quote or the advertising was not delivered. When there are grounds for a claim If there was a technical error in the operation, the anaesthesia or the aftercare, for example an infection that was not treated in time. You can claim for all the harm it caused. If you were not told about a risk that materialised or about the possibility that the result might not be as expected. As you could have chosen not to have the operation, this failure usually carries more weight than in a necessary operation. Some courts have even recognised non-pecuniary damage (distress) for the lack of information alone. If the clinic or the surgeon committed to a specific result in the quote, on their website, on social media or in their messages. What is advertised or promised can be demanded even if it is not in the contract. A result that you simply do not like, if the technique was correct and you were properly informed, is not negligence. What to do Keep the before and after photos, the quote, the signed consent form, your messages with the clinic and screenshots of its advertising. Ask for your complete medical records. Do not have an operation to “put it right” at the same clinic without first documenting your condition with photos and a report from another surgeon, nor sign a document in return in which you waive your right to claim. Commission a report from an expert in plastic surgery. Make a written claim against the clinic, the surgeon and their insurers. The clinic and the surgeon are obliged to have insurance or another guarantee. Before suing, you must make an attempt to reach an agreement, such as a written proposal to negotiate or mediation, as the law has required since 2025. Time limits There is almost always a contract with the clinic or the surgeon. In Catalonia, against whoever entered into the contract with you, the time limit can be up to ten years. Against the others, such as the anaesthetist, it is three. Outside Catalonia it is five years against whoever entered into the contract with you and one against the others. Even so, do not wait, because the insurance may only cover claims made while it is in force. If you paid for the operation with a loan arranged through the clinic, you can also claim against the bank for what the clinic failed to deliver, after having claimed against the clinic without success.