Scarring injury claims

When a patient undergoes surgery, it is likely that they may develop a scar if any incisions are required in the procedure. In most cases, the scarring is a minor and normal result of the procedure, but there can be cases in which medical negligence has caused an unnecessary degree of scarring. In situations such as these, victims may be able to bring scarring injury claims.

As a result of medical advances, many surgical scars can be minimised and may even fade over time, meaning there is little evidence of the procedures that patients have undergone. However, this also means that excessive scarring can act as evidence of the errors made by a doctor.

In the worst cases, patients can endure physical pain and/or psychological suffering as a result of scarring injuries, potentially developing a negative body image. We know how difficult it can be for the victim, so we want to make sure all those affected by scarring injuries can recover the compensation they deserve.

How can scarring occur?

As mentioned above, scarring can be proportionate to the incision or wound you have suffered from, but if breaks in the skin are not dealt with correctly, it may be that negligence is at play.

The following list details some examples in which medical negligence may have caused or worsened scarring:

• Excessive incision during surgery;
• Use of incorrect tools when making incisions;
• Use of incorrect tools when closing incisions;
• Wrong type of stitches or stitching technique;
• Excessive skin removal during a surgical procedure;
• Other surgical errors;
• Poor surgical aftercare leading to an infection, causing further scarring;
• Failure to treat an existing wound leading to infection and scarring.

Scarring injury claims and compensation amounts

When making scarring injury claims, it will be necessary to prove an error has been made by your doctor, so we will need to gather details from your medical records. We also usually engage a medical expert to evaluate your injury and help us judge whether negligence has occurred.

In terms of compensation amounts, these can differ widely depending on the nature and severity of the injury. However, the Judicial College Guidelines gives some recommendations on the valuation of scarring injury claims:

• Noticeable laceration scars or a single disfiguring scar to limb(s), hand(s), back or chest – £6,240 to £18,120;
• A single noticeable scar or several superficial scars to limb(s) or hand(s) – £1,890 to £6,240.
• For facial disfigurement:
• Very Severe Scarring – £23,740 to £77,580;
• Less Severe Scarring – £14,320 to £38,600;
• Significant Scarring – £7,270 to £23,980;
• Less Significant Scarring – £3,150 to £10,960;
• Trivial Scarring – £1,360 to £2,810.

The amounts listed are not definitive and, just as importantly, they only account for the General Damages section of the claim, covering the pain, suffering and loss of amenity caused. There is also the claim for Special Damages, where claimants can also be entitled to recover compensation to cover any financial losses or expenses. For example, this could include the costs of private treatment or reparative surgery for your scarring injury.

Make your claim today

We understand that it can be very distressing to sustain a scarring injury, which is why we make sure our scarring injury claims are stress-free for our claimants. To receive free, no-obligation advice on your potential compensation claim, you can contact us today or register your details for a call-back.