Cosmetic Surgery Claims Australia

The intention behind these procedures is to rejuvenate, beautify and refresh appearance however things do not always turn out that way and accompanying the burgeoning numbers of surgical procedures is a rapid increase in the volume of cosmetic surgery claims for botched workmanship or inadequate aftercare. It is estimated that over 25,000 people undergo cosmetic procedures every year and it is an unfortunate fact that Australia has the highest rate of medical error in the world according to the World Health Organisation. Our experts are experienced in claiming compensation for clients who have suffered a variety of operations which have gone wrong including :-

• breast enlargement
• breast reduction
• breast uplift
• nose re-shaping
• tummy-tuck
• facelift
• eyelid surgery
• liposuction
• brow-lift
• lip implants
• chin/cheek reshaping
• ear pinning or correction
• gastric band or weight related surgery
• silicone implants (breast, buttock, calf, cheek, chin, pectorals etc)

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Regulation & Control

Private cosmetic surgery has always been inadequately regulated in regards to specialist qualifications and it is only in recent years that there has been available specialist training through the Australasian College of Cosmetic Surgery. Many clinics employ doctors who may have been specialists in other disciplines but who do not have specific training in either plastic surgery or cosmetic surgery. Disciplines which have in the past been associated with these procedures include general surgeons, plastic surgeons, dermatologists, ear nose and throat surgeons, ophthalmologists and other doctors who were dealing with this type of surgery however plastic surgery was only at the most, a necessary sideline inferior to the main discipline. In short there is no necessity for doctors to possess specialist training in order to carry out cosmetic surgery procedures and it is not surprising therefore that negligent procedures are not uncommon. Examples of medical treatment that may be considered to be negligent include failure to:-

• diagnose a medical condition
• provide appropriate treatment
• refer to a specialist or consultant
• diagnose in a reasonable time frame
• advise of risks associated with treatment
• perform surgery with reasonable care and skill
• provide adequate post-operative care

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Common Claims

The most common cosmetic surgery claims for compensation as a result of medical negligence include:

• failure by the doctor to obtain proper informed consent including failure to give a full explanation of potential risks and whether or not there exist alternative procedures ro obtain the same goal
• failure to warn of the possibility of unexpected obtrusive scarring following a face lift or negligent procedures making such scarring more likely
• unsatisfactory and unsightly results following dermabrasion, chemical peels and laser surgery particularly to face
• injury to the accessory nerve following a face lift causing partial paralysis and loss of function
• poor outcomes from rhinoplasty resulting in a nose job that fails to live up to expectations or is plain unsightly
• breast uplift resulting in excessive or unexpected scarring, non symmetrical appearance or displaced nipples
• breast reduction resulting in unevenness, lack of symetry or unexpected, extensive, unsightly scarring
• liposuction resulting in severe scarring, unevenness, perforation to the bowel or other organs or damage to other parts of the body

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Clinical Negligence

It is important for patients to be realistic at all times during the cosmetic surgery process and to understand that these procedures cannot make you perfect, but a good plastic surgeon will be completely honest with you about the potential outcome. Not all procedures carried out by qualified surgeons that have a less than satisfactory outcome are the result of clinical negligence. A bad outcome does not automatically infer clinical negligence nor does it mean that the victim is entitled to compensation. Erroneous treatment will only be determined to be negligent by a court of law if the medical practitioner has failed to excessive reasonable skill and care. This does not require the doctor to have acted perfectly nor does it require a perfect outcome. The law does vary across Australia however the general principles remain the same with variation on the determination of the required standard of conduct. To ascertain whether or not your particular claim falls within the definition of clinical negligence it will be necessary to take advice from a lawyer who practices in the state where the alleged negligent act occurred.

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Compensation Awards

Compensation payable in any personal injury claim is intended to put the claimant back into the position would have been in had the negligent act not occurred. Easier said than done on the basis that financial recompense can never adequately compensate for physical injury however so far as pain and suffering is concerned the amount awarded is based on previously decided cases couple with guidelines and tempered by the judges’ previous experience. Amounts awarded are divided into two categories intended to represent those items that can be calculated with a degree of mathematical accuracy (special damages) and those items that must be assessed (general damages) :-

General Damages



• loss of wages
• medical treatment
• legal charges
• cost of care
• general expenses
• future losses
• interest

Special Damages



• pain & suffering
• loss of lifestyle
• loss of congenial employment
• loss of opportunity

SOLICITORS HELPLINE 1800 633 634

Time Limits

There are time limits for talking legal Action for medical negligence in Australia. In general terms a claim must be settled within three years of the incident giving rise to the claim or legal proceedings must have been issued in a court of law within three years of the incident giving rise to the claim. Failure may mean that the opportunity to claim compensation is lost forever. There are exceptions to this general rule for those under the age of 18 years and the mentally disabled. The court also has a wide discretion relating to time limits. If you are in any doubt you should take qualified advice from a specialist solicitors without delay.

SOLICITORS HELPLINE 1800 633 634

Informed Consent

The doctrine of ‘informed consent’ is one of the mainstays of allegations of medical negligence especially in regards to cosmetic surgery claims. A surgeon is required by law to advise the patient of all of the possible outcomes and the risks of carrying out the relevant surgery and in the most serious cases failure to do so can amount to a criminal assault. A victim is entitled to base a cosmetic surgery compensation claim on the healthcare provider’s failure to provide full and adequate information, not only about the procedures involved but also on the risk of failure and possible unsatisfactory results. Surgery to the face and breast augmentation surgery result in the highest number of complaints relating to informed consent. The most common failure in this regard relates to a failure to advise on the possibility of unacceptable scarring which is always a relatively unpredictable risk of all surgery and does not in itself indicate medical negligence but may be a function of that particular patients makeup and chemistry. One of the most common issues relates to the formation of ‘keloid’ scarring which is due to an overgrowth of collagen at the site of the surgery and may be an unpredictable side effect of surgery producing firm, rubbery, lesions or shiny fibrous nodules varying in colour from flesh colour to dark brown. A keloid scar is benign, non contagious and may be accompanied by itching or pain.

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Medical Aftercare

One of the greatest and most regrettable failures resulting in cosmetic surgery claims relates to a failure to ensure adequate aftercare. Whilst the surgical technique may be perfect and the outcome has the potential for an entirely satisfactory appearance the job is often put at risk due to a failure of adequate aftercare the most serious of which relates to the control of infection which may of itself cause unacceptable scarring or may result in further surgery to remove damaged tissue ensuring that the final outcome is a botched job with a less favourable aesthetic outlook than may have been achieved had the aftercare technique been satisfactory. Many prima donna surgeons seem to think that once the patient is out of the operating theatre that they are thereafter the responsibility of less qualified staff whose job it is to deal with removal of stitches, infection control and wound dressing. A failure by a surgeon to keep a close eye on a patients progress and who fails to spot potential danger signs relating to aftercare is negligent and that surgeon is usually responsible for the failings of less qualified under his authority.

SOLICITORS HELPLINE 1800 633 634

Specialist Lawyers

If you are unhappy with the outcome of cosmetic surgery the first step is to discuss it with the surgeon who carried out the work to see if he has any proposals to rectify the problem. It may be possible to obtain a refund or provide further corrective surgery. You may wish to consider getting a second opinion from another cosmetic surgeon who can advise on rectification and may also indicate whether or not, in his opinion, the work was carried out negligently. The surgeon who gives the second opinion may be able to offer corrective surgery or may be able to make a recommendation to another specialist. If you find that you are unable to resolve the matter by agreement you should consider talking advice from a lawyer on making a cosmetic surgery claim for compensation. If you decide to take this course of action you may be able to claim damages for pain and suffering, all reasonably incurred expenses, loss of wages, general expenditure and other losses, funding for the corrective surgery and a refund of fees charged by the negligent doctor. We are able to offer fee advice without any further obligation. Just complete the contact form and a specialist clinical negligence lawyer will discuss your case on the telephone. You will be given advice in liability and an estimate of the amount of compensation that you are likely to be awarded. Our advice is given freely with no charge and without any further obligation.