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What is a plastic or cosmetic surgery compensation claim?

Every 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.

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When can I claim compensation for cosmetic surgery​?

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:

  • Breast augmentation or reduction.
  • Botox, filler and other injectables.
  • Facelifts.
  • Tummy tucks.
  • Brazilian butt lifts.
  • Rhinoplasty (nose reshaping).
  • Gastric banding.
  • Liposuction.
  • Hair transplants.
  • Dental cosmetic procedures.
  • Vaginal rejuvenation procedures.
  • Blepharoplasty (eyelid surgery).
  • Reconstructive surgery and grafts.
  • Body contouring.

Importantly, this is not a complete list. If you were injured during plastic or cosmetic surgery, you may have a compensation claim.

How much plastic surgery compensation can I 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:

  • Pain and suffering: how the injury affects your physical and mental well-being.
  • Lost income: past and future, including superannuation.
  • Care and support: professional care or support from family or friends, including if you can no longer care for someone who relies on you.
  • Other expenses related to your injury: medical expenses (both past and future), including the cost of the original surgery and travel to and from treatment.

How to prove your plastic surgery negligence​ claim

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:

  • Whether the cosmetic surgeon possessed adequate experience to perform the surgery.
  • If they adhered to professional standards and guidelines, such as surgical techniques and pre- and post-operative care.
  • Evidence from other cosmetic surgeons specialising in similar fields.
  • The specific details of your case, including treatment received and contextual factors.

To establish that the plastic or cosmetic surgeon’s breach of duty caused your injury or illness, you need to demonstrate two key elements:

  • Your injury or illness directly resulted from the surgeon’s action or inaction.
  • Your injury was a foreseeable outcome of the treatment (or lack thereof) provided by the cosmetic surgeon.

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).

What evidence do I need for my cosmetic surgery claim?

Cosmetic surgery compensation claims​ require strong supporting evidence. This can include:

  • Emails, letters and other correspondence with your cosmetic surgeon.
  • Surgery reports.
  • Formal allegations of negligence.
  • Hospital discharge summaries.
  • Proof of your injuries.
  • Prescriptions from your cosmetic surgeon.
  • Relevant lab test results.

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.

Your cosmetic surgery claims process

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.

Our No Win No Fee guarantee keeps your claim risk-free

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.

Learn more about our No Win No Fee guarantee

Frequently asked questions

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.

StateTime limit
NSW, VIC, SA3 years after discovering your injury.
QLD, WA3 years from the date of the cosmetic surgery negligence.
ACTFor 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:

  • Whether you had access to legal advice.
  • Any efforts you made to get medical or legal guidance.
  • The length of the delay.
  • The seriousness of your injuries.
  • Any actions taken by the cosmetic surgeon to discourage your claim.

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:

  • Assess the viability of your claim and estimate potential compensation.
  • Gather strong evidence to prove the cosmetic surgeon’s negligence.
  • Counter any evidence presented by the cosmetic surgeon’s insurer that could weaken your claim.
  • Identify additional claims you may qualify for, such as Total and Permanent Disability or workers compensation, which often provide more substantial compensation than a malpractice claim alone.
  • Maximise your compensation through negotiation and expert representation.

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.

See more FAQs

Meet the team

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.’

Leon Monaco
Managing Partner
  • English, Russian
  • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Joanne Baker
Senior Associate
  • English
  • Medical Negligence
Sachini Amarasinghe
Special Counsel
  • English
  • Medical Negligence
Lucy Tait
Solicitor
  • English
  • Medical Negligence
Daphne Zhuang
Senior Paralegal
  • English, Mandarin
  • Medical Negligence
Meet more of the team

What our clients say

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.

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For anyone facing medical negligence issues, I highly recommend Monaco.

I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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I am forever thankful! God bless you for being there for me whenever I called.

Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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They were always ready to help with paperwork and answer any questions.

The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

Google Posted by Paulina Chapman
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Easy and supportive define my experience with Monaco.

My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

Google Posted by Carol Dillon
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Thank you for accomplishing so much in such a short time.

Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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Good result! We had a complicated claim but they got the job done.

My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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I knew it from the very first phone call: I had found a compassionate law firm.

Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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They helped me juggle my injury claim and my mum's full-time care.

I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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Monaco helped me get much more compensation than I expected.

Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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They gave it their all and the result was even better than expected.

At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

Google Posted by Stafford Ray
Leon Monaco & team member

How a plastic surgery lawyer can help

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.

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Millions won for our clients

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After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

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98%
SUCCESS RATE
25
YEARS EXPERIENCE
9,403
CLAIMS WON
$650m
COMPENSATION PAYOUTS

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“Monaco got us an upfront payment to ease the financial strain.”

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