Negligence in cosmetic surgery and injectable procedures: your legal rights
Cosmetic surgery and injectable treatments are increasingly popular in Australia. But what happens if something goes wrong? To get an expert opinion on what legal recourse you have, we asked Thuto Igba, Solicitor at Maliganis Edwards Johnson, for the lowdown in plain English.
According to Thuto, medical negligence laws do indeed apply to cosmetic surgeries and injectable procedures. When things go wrong, you may be entitled to compensation through negligence claims.
What procedures are covered?
“Cosmetic procedures can give rise to rights of compensation under our laws,” says Thuto. “This includes surgical procedures like breast augmentation, facelifts, rhinoplasty, and liposuction. Non-surgical treatments like botox, dermal fillers, lip enhancements, and laser treatments are also covered.”
Thuto adds that even minor aesthetic treatments such as chemical peels and microneedling can lead to negligence claims if performed below professional standards.
Proving negligence
“To succeed in a compensation claim, you must prove four things,” explains Thuto.
“First, the practitioner owed you a duty of care. Second, their treatment fell below accepted standards, so they breached their duty of care to you. Third, this negligent treatment directly caused your injuries. Fourth, you suffered actual losses and harm.”
According to Thuto, common negligence includes poor surgical technique, inadequate pre-operative planning, insufficient post-operative care, and failure to obtain proper informed consent from patients.
Victims of cosmetic surgery negligence can claim compensation for expenses including corrective surgery and ongoing treatment. You may also be able to receive compensation for pain and suffering, lost income from time off work, domestic assistance needs, and future medical costs, amongst other things.
Compensation may also be available for permanent scarring and disfigurement, as well as psychological counselling costs for anxiety, depression, or body image issues resulting from negligent treatment.
What to do if you suspect negligence
Seek immediate medical attention if you’re experiencing complications. Get a second opinion from an independent medical specialist about your condition and treatment options.
Preserve all evidence including medical records, photographs of your condition, receipts for expenses, and documentation of work time lost. Contact a specialist negligence lawyer as soon as possible.
Get expert legal help
Negligence cases involving cosmetic procedures are complex and time-sensitive. You need specialist legal representation with experience in aesthetic negligence claims.
At Maliganis Edwards Johnson, we’ve successfully handled numerous cosmetic surgery negligence cases. We work with leading medical experts and operate on a no-win-no-fee basis with free initial consultations.
Don’t let time limits prevent you from seeking compensation. Contact our negligence team today on 02 6257 2999 or use our free claim check service to discuss your case.
