Cosmetic Surgery Compensation Claims


It is becoming increasingly apparent that plastic or cosmetic surgery in Australia is poorly regulated. Thousands of Australians each year choose to undergo cosmetic surgeries with an ideal expectation in mind, however, unfortunately, for some patients, the end results can be vastly different to their ideal expectation.

These unfortunate outcomes are becoming far too common for patients and can be catastrophic. Some cosmetic surgeons are simply not qualified to carry out the procedures that they advertise. Even highly qualified plastic surgeons can get things wrong, resulting in a poor outcome for the patient.

What duty does a Cosmetic or Plastic Surgeon owe a Patient?

When you agree to be treated by a cosmetic or plastic surgeon, they are legally required to exercise reasonable care and skill. If a cosmetic surgeon or one of their staff fails to uphold their duty to exercise such reasonable care and skill, you may be at risk of sustaining an injury, illness, or disability. In the unlikely event that this was to happen, you may be entitled to claim professional negligence compensation.

What Duty Does a Cosmetic or Plastic Surgeon Owe a Patient?

What is Malpractice in Cosmetic or Plastic Surgery?

Cosmetic surgery malpractice occurs when a cosmetic or plastic surgeon fails to uphold their duty to exercise reasonable care and skill, and as a result of their failure to uphold this duty, a patient may sustain a ‘botched’ surgical procedure, post operation infection or illness.

While not all surgical repercussions may constitute grounds to bring about legal action, if you have sustained any form of injury, illness or disability due to a cosmetic or plastic procedure, it is important to speak with a medical negligence specialist at Wyatts today.

Cosmetic Surgery

What can I claim compensation for?

This is dependent on a case-by-case basis. As there is a range of damages you can claim compensation for, speaking with one of our expert cosmetic surgery negligence lawyers can help you identify what you may be entitled to claim for.

The damages commonly claimed for in cosmetic surgery negligence claims include:

Compensation payment for any current and potential future rehabilitation and medical expenses incurred, inclusive of medication and ongoing care.
Compensation payment for any current and potential future loss of income, superannuation, and additional economic loss.
Pain and suffering (inclusive of psychological suffrage).
Medical equipment (e.g. wheelchairs, mobility aids, hoists etc).
Home and Vehicle Modifications (e.g. ramps, support rails, inclinators)
Domestic Assistance (e.g. house cleaning services) and assistance provided by family and friends.
Reduced enjoyment of life.
Incurred legal costs.

Wyatts Lawyers are focused and determined to secure our client’s future by achieving the best possible outcome. Our team of expert cosmetic surgery negligence lawyers have the essential skills to represent you throughout all stages of your claim and will provide a complete personalised approach to assist and guide you through the overwhelming time a cosmetic surgery compensation claim may present.

Cosmetic Surgery Claims - What Will Wyatts Lawyers Offer When Representing You

Common Cosmetic Procedures where Medical Negligence may arise:

Reconstructive facial surgery and grafts
Facelifts and chin tucks
Breast augmentations
Rhinoplasty procedures (nose jobs)
Gastric banding
Otoplasty procedures
Labiaplasty and vaginal rejuvenation procedure
Brazilian butt lifts
Tummy tucks
Post Operation Infections

If you have sustained some form of negative implication due to suspected medical negligence and are unsure whether you may be entitled to claim compensation, speak with our medical negligence team. This will help you determine whether you may be eligible to make a medical negligence claim.

When looking for a compensation lawyer to provide you with a comprehensive and personalised service, Wyatts Lawyers are the team for you. Speak with our team today to determine whether we can help you.

Common Examples of when Cosmetic Surgery Malpractice may arise:

  • When an unqualified doctor performs cosmetic surgery
  • When nurse anaesthetists are being used instead of anaesthesiologists
  • When cosmetic surgery is performed in places outside of hospitals/clinics which do not have the specified medical equipment required to deal with any medical complications
  • When a medical professional fails to take the patient’s medical history
  • When a medical professional breaches the patient’s informed consent

Cosmetic Surgery Compensation Claim

If you or any person you know may have been subject to poor treatment by a cosmetic surgeon, contact one of our expert negligence lawyers today to ensure you are aware of the best options available to you and if you can claim cosmetic surgery compensation. It is free to call and make sure your entitlements and future are protected.

Common Examples of Cosmetic Surgery Malpractice

What’s the process?

1. Call us for a free consultation. We will get to know you and understand your situation.
2. We will act for you on a “no win, no fee” basis. That means there is nothing to pay upfront or along the way, you only incur legal fees if you win.
3. We will review your claim, and your medical documentation and obtain an expert opinion from an experienced surgeon who will confirm how your cosmetic surgery amounted to medical malpractice and was negligent.
4. We will prepare your claim for compensation to get you the best outcome possible and secure your future.
We will review your Cosmetic Surgery Negligence Claim, your medical documentation, and obtain an expert opinion

Time Limits for a Cosmetic Surgery Negligence Claim

Most states and territories across Australia have a three-year time limit when making a claim. This means that you have three years from the cosmetic surgery incident, or in some cases, from the date the negligence was first discovered, to commence a claim.

However, it can also be possible for a claim to be made outside the time limitation period. This is often the case when the injury, illness or disability incurred is not immediately obvious. When making a claim outside of the time limitation period, it is imperative you have a highly qualified and experienced team like Wyatts representing you to ensure success.

As soon as you are aware that you may have been subject to negligent treatment by a cosmetic surgeon or nurse, we strongly recommend you contact a lawyer and discuss your situation.

This will ensure you are aware of all your available options and allow you to best achieve the greatest possible outcome.

Law Society of NSW

Contact Us

Wyatts Compensation Lawyers
Sydney Office (Head Office)

Level 2/299 Elizabeth Street
Sydney, NSW 2000

Phone: 1800 773 880

Wyatts Compensation Lawyers

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