Can I get cosmetic surgery compensation?
In recent years, there’s been a sharp uptick in the popularity of cosmetic procedures and body modifications: from permanent implants to temporary injectables like filler.
While the vast majority of procedures go to plan, sometimes things go wrong and a patient is injured. If this happened because of your medical professional’s negligence, you may have a cosmetic surgery negligence claim.
For your claim to be successful, you must prove that your medical professional breached their ‘duty to care’ to you.
Medical professionals who owe you a duty of care include doctors, nurses, dentists, and hospitals. This means if a registered plastic surgeon or registered cosmetic practitioner botched your cosmetic surgery, you probably have a cosmetic surgery negligence claim.
How to prove cosmetic or plastic surgery negligence
To prove your cosmetic or plastic surgery negligence claim, you’ll generally need to prove four things:
1. Your cosmetic surgeon owes you a duty of care
You’ll need to prove that the person who performed your cosmetic surgery owed you a ‘duty of care.’
Generally, if a registered doctor, like a plastic surgeon or GP, performed your procedure, they automatically owe you a duty of care. This is known as a ‘non-delegable’ duty of care, which applies to specific relationships, such as doctor/patient or teacher/student.
However, if your procedure was performed by someone not registered with the Australian Health Practitioner Regulation Agency (AHPRA), like a cosmetic injector, you’ll need to prove that they owed you a duty of care. In this case, you’ll need to provide expert evidence to establish the typical duty of care for that particular practitioner.
2. Your cosmetic surgeon breached that duty of care
A breach of duty of care can happen in two ways: through a negligent action or a failure to act. For example, making a surgical mistake during liposuction is a negligent act, while failing to treat a post-operative infection promptly is a failure to act.
To determine if there’s been a breach, the ‘reasonable standard of care’ test is applied. This test looks at whether another cosmetic surgeon, faced with the same situation, would have acted differently. Factors considered include:
- The surgeon’s experience and qualifications to perform the procedure.
- Whether they followed professional standards and guidelines, including proper surgical techniques and care before and after the procedure.
- Insights from other cosmetic surgeons with similar expertise.
- The specific details of your case, such as the treatment you received and other relevant circumstances.
3. Your cosmetic surgeon’s failure to treat you properly caused your injury
To prove that a cosmetic surgeon’s breach of duty led to your injury or illness, two main factors need to be shown:
- The surgeon’s actions (or lack of actions) directly caused your injury or illness.
- Your injury was a predictable result of the treatment (or lack of treatment) provided by the surgeon.
4. You’ve suffered injury and loss
You must demonstrate that you’ve suffered injury and loss, which may include medical costs, lost wages, or pain and suffering, reflecting the broader impact on your life and any lifestyle changes.
How much cosmetic surgery compensation can I get?
There’s no fixed amount of cosmetic or plastic surgery compensation you can get — it all depends on the details of your case and the laws that apply.
You could be entitled to claim compensation for several types of losses, including:
- Pain and suffering: The physical and emotional toll the injury has taken on you.
- Lost income: Both past and future earnings, as well as superannuation.
- Care and support: Costs for professional care or assistance from loved ones, including if you’re unable to care for someone who depends on you.
- Additional expenses: Medical costs (past and future), including the original surgery and travel expenses related to treatment.
Do I need a lawyer for botched plastic surgery?
If you’ve experienced a botched plastic or cosmetic surgery, having a lawyer on your side is crucial. Medical negligence claims are complex, involving a deep understanding of both medicine and law, as well as the specific rules in each state. You’ll need solid evidence to prove all four elements of negligence and face the challenge of negotiating with the medical professional’s insurer.
Our cosmetic surgery negligence lawyers have extensive experience dealing with major healthcare insurers. We use effective negotiation strategies and expert testimony to fight for the maximum compensation you deserve. Plus, with our No Win No Fee Guarantee, your claim is risk-free—no upfront costs, and you only pay if we win your case.
