- dispute about Permanent make up
- the failed plastic surgery
- faulty liposuction leads to damages
- the Body lift surgery Health insurance does not cover it
It is well known that some people do a lot for beauty. Enlarging breasts, removing fat, tightening eyelids – these are the three most common reasons for cosmetic surgery. In Germany there are around 100,000 procedures for beauty, which only the members of the Association of German Aesthetic Plastic Surgeons (VDÄPC) carry out. But not all interventions are successful: after all, complications are said to occur in every fifth intervention, according to the estimate of the Health insurance BIG. Those affected often go to court and demand compensation for pain and suffering. An overview of how the courts decide.
Controversy over permanent makeup
Anyone interested in one pigmentation of his eyebrows decides cannot complain about the result in every case. It is true that people with pigmentation have to work cleanly, but they have one artistic freedom of design. deviationswhich can be attributed to do not constitute a defectaccording to a judgment of the Higher Regional Court (OLG) Frankfurt (Judgment of July 5, 2022, Az.: 17 U 116/21).
In the specific case, the plaintiff had undergone such a treatment with permanent make-up in a beauty salon. The make-up was sketched and shown to the client before the pigmentation. He acknowledged this with his signature as well as the acceptance of the final result. Shortly thereafter, however, the man complained that the color was too dark and asked for the money back for the treatment. He later even underwent corrective laser treatment. He therefore demanded 3,500 euros in compensation for pain and suffering and reimbursement of the costs for the corrective treatment.
The lawsuit was unsuccessful. According to the court, the work is not defective because of any optical deviations. In addition, the plaintiff and the defendant had no specific specifications for the end result in the sense of a so-called quality agreement met. Therefore, the plaintiff could not prove any deviation from the agreement. By signing the declaration of acceptance, he approved the pigmentation much more than flawlessly and properly.
The failed plastic surgery
A young woman was dissatisfied with her breasts. A cosmetic operation was needed. With dire consequences: After the operation, wound healing disorders developed on both breasts, the scar burst open, tissue died. The wound healing disorders not only had to be treated over several months, but left wide and knotty scars.
The young woman then sued the district court (LG) Munich I (Judgment of December 12, 2007, Az.: 9 O 16390/05) your plastic surgeon. He did not sufficiently inform her about the risks of the procedure, instead playing it down as a “simple routine procedure”. In addition, both the intervention itself and the postoperative treatment were carried out incorrectly; the chest had been overtightened and the wounds inadequately cared for.
The 9th Civil Chamber of the LG, which specializes in medical liability, dismissed the claim for damages. The cosmetic surgeon sufficiently documented the information provided to the patient and, in particular, submitted a document signed by her. In it, she confirms that the risk of wound healing disorders and necrosis formation has been pointed out. There is no indication of a treatment error either from the documentation submitted, nor from the examination by the court expert and also not from the photos submitted. According to the convincing opinion of the expert, the intervention was carried out according to the rules of art. After the operation, the doctor did everything that could have been done for the plaintiff.
Incorrect liposuction leads to compensation for pain and suffering
If incorrectly performed liposuction leads to irregular contours and severe indentations, these deformations can justify a compensation of 4,000 euros. This emerges from a decision of the Higher Regional Court (OLG) Düsseldorf (Judgment of March 20, 2003, Az.: 8 U 18/02). A 48-year-old woman underwent outpatient liposuction (called liposuction).
Since the action did not lead to a satisfactory result (after the treatments, the woman suffered from deformations in the area of the abdomen, back, flanks and hips), she went to another beauty doctor who was able to fix the deformations on the abdomen. The woman accused the previous doctor medical malpractice and a insufficient risk information and therefore sued for repayment of the fee in the amount of 4,000 euros and for payment of compensation for pain and suffering in the amount of at least 12,500 euros.
The OLG confirmed the decision of the LG and rejected the appeals. In his opinion, the patient had not been sufficiently informed about the chances of success and the possible risks. In the case of a cosmetic operation, the patient must be informed about the best possible improvements. The same applies to any risks. The doctor must show his patient the pros and cons with all the consequences. Such an explanation was lacking. Therefore, the patient’s consent to the operations was invalid, so that the interventions were unlawful. In addition, the liposuction was incorrect. Since the operations were unlawful, the OLG held that the plaintiff was entitled to a claim reimbursement of the fee paid in the amount of 4,000 euros. The Higher Regional Court rejected an increase in the compensation for pain and suffering. It therefore remained at the 4,000 euros already awarded by the district court.
Health insurance does not cover body lift surgery
In principle, the statutory health insurance companies do not have to cover the costs of a “body lift” operation to remove excess skin foldsthat have occurred as a result of extreme weight loss. The plaintiff had reduced his body weight by 70 kg within three years through exercise and diet. As a result, slack skin folds in the form of flaps remained in the area of the chest and abdomen, as well as sagging skin on the arms and thighs. The application to his health insurance company to cover the costs of a skin tightening operation was unsuccessful.
The State Social Court (LSG) Saxony-Anhalt also rejected the claim (Judgment of November 16, 2006, Az.: L 4 KR 60/04). It is not permissible to assume costs in order to reward the improvement in health through weight loss. Rather, an illness requiring treatment must exist. However, the plaintiff did not have any physical abnormalities. There are no skin infections that cannot be treated permanently.
The excess skin leads not result in severe physical disfigurement. This presupposes that one could feel shock, disgust or a lasting dislike at the mere glimpse of the plaintiff in his clothes. Even if the sagging skin had led to a mental illness, one is Surgery excluded from health insurance. Mental disorders are the result of dissatisfaction with one’s own body and only to be treated with the means of psychotherapy and psychiatry.
Conclusion
Tightening drooping eyelids (drooping eyelids) costs around 1,900 to 2,600 euros. A breast lift 6,000 to 7,500 euros. Plastic and aesthetic procedures are associated with high costs, which the patients have to pay for themselves. Nevertheless, an increasing number of people are willing to make this investment in a nicer outfit. The risks are borne by the patient, and court cases that are won are the exception.
