
Sam was a working father in sound health prior to undergoing surgery. Improper treatment by hospital staff left him unable to speak, walk or swallow. He requires...
Read moreEvery year, thousands of Australians undergo cosmetic and plastic surgery. Unfortunately, some of those procedures don’t go to plan and can leave patients with scarring, pain, and the need to undergo corrective surgery.
If you have been injured as a result of plastic or cosmetic surgery, you may have the right to sue your medical professional. A successful cosmetic surgery negligence claim offers significant lump sum compensation, covering lost income, medical expenses, and your pain and suffering.
We have over 25 years’ experience helping injured patients make successful cosmetic surgery claims. Speak to us today for free advice tailored to your situation. In a free consultation, we’ll explain your rights and how much compensation you can expect.
Find out if you’re eligible for a plastic or cosmetic surgery claim today.
We’ve worked on hundreds of plastic and cosmetic surgery claims over the years. From what we’ve seen, these are some of the most common procedures that can go wrong and lead to compensation claims:
Importantly, this is not a complete list. If you were injured during plastic or cosmetic surgery, you may have a compensation claim.
There’s no set amount for compensation in cosmetic or plastic surgery negligence cases. Each depends on its unique details, circumstances, and applicable laws.
Depending on your situation, you may be entitled to claim compensation for the following:
There are four key things you must prove in plastic surgery negligence claims:
You must show that the person who performed your plastic or cosmetic surgery owed you a ‘duty of care.’
If the procedure was performed by a registered doctor such as a plastic surgeon, cosmetic surgeon or general practitioner, they would generally owe you an automatic duty of care. This is known as a ‘non-delegable’ duty of care and applies only to particular relationships such as doctor/patient or teacher/student.
However, if the person who performed your cosmetic surgery wasn’t a registered practitioner with the Australian Health Practitioner Regulation Agency (AHPRA), you’ll need to prove that you were owed a duty of care. For example, if you received Botox injections from an unregistered practitioner such as a cosmetic injector, you’ll need to provide expert evidence to establish the typical duty of care for a cosmetic injector.
A breach of duty of care can occur through either a negligent act or failure to act. For example, a surgical error made during liposuction is a negligent act, while delaying treatment for a patient’s post-operative infection is a failure to act.
To assess if there has been a breach of duty, the ‘reasonable standard of care’ test is used. This test examines whether another plastic or cosmetic surgeon, in the same situation, would have behaved differently. It considers:
To establish that the plastic or cosmetic surgeon’s breach of duty caused your injury or illness, you need to demonstrate two key elements:
You need to show that you’ve experienced injury and loss, such as medical expenses, lost income, or pain and suffering (the overall impact on your life, including any lifestyle changes).
Cosmetic surgery compensation claims require strong supporting evidence. This can include:
Importantly, you are not expected to gather this evidence on your own. We understand that being harmed by a plastic or cosmetic surgeon can be incredibly traumatic, and our goal is to make your claim as easy as possible for you. Our plastic surgery lawyers will communicate with your surgeon and other medical professionals to obtain all necessary evidence.
Additionally, we will leverage our network of medical experts to provide independent evaluations of your injuries and assess the cosmetic surgeon’s negligence.
While every cosmetic surgery medical negligence claim is unique, you’ll likely follow these steps:
During your free consultation, you’ll chat with one of our expert cosmetic surgery lawyers. We will assess whether you have a claim, estimate the compensation you may be entitled to, and discuss your chances of success. There’s no obligation to proceed, but if you choose to move forward, you’ll be protected by our No Win No Fee Guarantee.
Your plastic surgery malpractice lawyer will review your clinical notes and medical history thoroughly to construct a strong case. Additionally, we may arrange a medical assessment to confirm the impact of your condition. If this is necessary, we cover all associated costs upfront, and you only pay if we successfully resolve your case.
We collaborate with our network of medical experts to gather compelling evidence in support of your claim. This includes expert reports and testimonies that strengthen the foundation of your case.
With solid evidence in hand, we initiate court proceedings by filing all required paperwork and exchanging evidence with your doctor’s insurer. Your claim then progresses to mediation, where your lawyer manages all negotiations to secure the highest possible settlement for you.
The majority of cases are resolved during mediation, saving you the time, stress, and expense of going to court. However, if your case does not settle, we’ll escalate your claim to court to ensure you receive the compensation you deserve.
We cover all upfront costs like legal fees, admin costs and expert reports, and there's nothing to pay unless we win your claim. It's that simple.
You must file your cosmetic surgery negligence claim within a specific time frame. The exact deadline depends on the state you live in and the details of your case.
State | Time limit |
---|---|
NSW, VIC, SA | 3 years after discovering your injury. |
QLD, WA | 3 years from the date of the cosmetic surgery negligence. |
ACT | For physical injuries, 3 years from the cosmetic surgery negligence. For diseases or disorders, 3 years after: • Discovering the disease or disorder, and • That it was caused by negligence. |
If you’ve missed the deadline for starting a cosmetic surgery claim, you may need to request an exemption from the court. The court is likely to consider several factors, such as:
Before pursuing a delayed claim, it’s essential to consult with a specialist botched plastic surgery lawyer. We can assess potential exceptions and handle the application process on your behalf. Over the years, we’ve successfully resolved numerous delayed claims for our clients.
For more detailed guidance on time limits and exceptions in cosmetic surgery claims, please visit our comprehensive guide.
The duration of your cosmetic surgery claim hinges on its complexity and how long it takes for your injuries to stabilise. Typically, claims are resolved within 12 to 18 months. Once we have a clear understanding of your circumstances, we can offer a more precise timeline.
Though you can choose to pursue a cosmetic surgery claim on your own, we strongly advise consulting with a specialised lawyer first.
Our skilled cosmetic surgery negligence lawyers will:
Our cosmetic surgery negligence lawyers have extensive experience taking on the major healthcare insurers. We use strong negotiation tactics and leverage expert testimony to ensure you receive maximum compensation. Additionally, with our No Win No Fee Guarantee, your claim carries no financial risk: there are no upfront fees, and you only pay if we successfully resolve your case.
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.
Cosmetic and plastic surgery negligence is a complex area of law, demanding a law firm that can rise to the challenge. Our lawyers employ effective legal strategies and specialised medical expertise to build you a strong cosmetic surgery claim.
Using our extensive network of medical experts, we gather examinations, reports, testimonies, and other essential evidence to support your claim. Compelling evidence is crucial for establishing duty of care, liability, and the severity of your injuries.
Named ‘Compensation Law Firm of the Year in Australia 2020’, we have the expertise to handle even the most intricate and complex cases of negligence.
Contact us today for a free consultation on your cosmetic surgery claim. Discover whether you have a valid claim, how we can assist you, and the best way to get maximum compensation for cosmetic surgery negligence.
Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.