Cosmetic Surgery Compensation: How to Claim for Negligence and Botched Procedures
Cosmetic surgery is often seen as a way to improve confidence, correct a perceived flaw, or enhance physical appearance. In Australia, more than 200,000 cosmetic procedures are performed each year, from nose jobs and breast augmentation to liposuction and eyelid surgery. While many patients are satisfied with the outcome, not all surgeries go as planned.
If you’ve suffered an injury due to cosmetic surgery, you may be entitled to compensation. At Withstand Lawyers, our experienced cosmetic surgery lawyers help clients across Australia make plastic surgery negligence claims for injuries caused by cosmetic surgery malpractice — whether physical, psychological, or financial.
We understand the sensitive nature of these cases and are here to help you get the support and justice you deserve. Whether the issue arose from an unlicensed provider, a private clinic, or a hospital setting, our team will assess your case and guide you through the legal process every step of the way.
- Domestic assistance
- Permanent impairment
- Pain & suffering
- Medical Expenses
- Loss of earnings
Am I Eligible for Cosmetic Surgery Compensation?
If you’ve been harmed due to the negligence of a healthcare professional, such as a cosmetic surgeon, clinic, or pharmacist, you may be entitled to cosmetic surgery compensation through a medical negligence claim. Cosmetic surgeons have a duty of care to their patients. If your surgeon acted in a way that is not widely accepted as competent professional practice in Australia, they could be liable for negligence.
Some examples of complications from unsuccessful cosmetic procedures include:
- Abnormal scarring
- Deformity or poor appearance of the treated area
- Skin rashes or discoloration
- Damage to nearby veins or tissues
- Mental health impacts, such as anxiety or depression
Learn how you can also make a TPD claim for depression here.
What Cosmetic Surgery Compensation Am I Entitled To?
If you’ve been injured due to a cosmetic procedure, such as breast surgery or plastic surgery, you may be entitled to several cosmetic surgery compensation benefits:
This covers the cost of corrective surgeries, follow-up treatments, and ongoing medical care required due to complications from the cosmetic procedure. It also includes hospital fees, specialist consultations, and medications needed for recovery.
If you need to travel for medical appointments, treatments, or consultations related to your injury, you may be reimbursed for travel costs such as fuel, parking, or public transport fares. This ensures that the financial burden of seeking ongoing medical help is reduced.
If your injury has affected your ability to work, either temporarily or permanently, you may be entitled to compensation for lost wages. This can also include future earnings if your ability to work in the long term has been impacted.
Injuries may require you to hire help for household tasks, child care, or even personal care during your recovery. Compensation can cover the costs of professional caregivers or help from family members if they need to take time off work to assist you.
This type of compensation covers the physical and emotional distress caused by an injury. If your injury is assessed as exceeding 15% of a most extreme case (MEC), which is a measure of the severity of injury based on a scale where 100% represents the most severe possible injury, you may be eligible for a payout. The assessment takes into account the long-term impact on your life, both physically and emotionally, to determine your eligibility for compensation.
Cosmetic Surgery Compensation Claims: How a Cosmetic Surgery Lawyer Can Help Make a Claim
Medical malpractice, especially in cosmetic surgery, can be complex to navigate. To successfully claim cosmetic surgery compensation, you need to prove that your healthcare professional, such as your surgeon or clinic, was negligent. This involves gathering evidence that their care did not meet the accepted standard in Australia. Below are the essential steps to help you secure compensation for negligence that occurred before, during, or after your cosmetic procedure:
- Consult Our Medical Negligence Lawyers: Our experienced team will assist you throughout your claim process.
- Gather Clinical Reports: We’ll obtain your medical records and clinical reports related to the procedure.
- Collect Additional Medical Evidence: We gather supporting medical evidence to build a strong case.
- Secure Expert Opinions: We consult with independent medical specialists to assess whether there was a breach of duty of care.
- Engage with Insurers: We’ll negotiate with the healthcare provider’s insurer to reach a settlement you approve.
- Legal Action if Necessary: If a fair settlement isn’t reached, we’ll proceed with court action on your behalf.
Non-Economic Loss Compensation If your pain and suffering exceed 15% of a most extreme case (MEC), you may be eligible for non-economic loss compensation, which covers emotional and physical distress caused by medical negligence.
Time Limits for Cosmetic Surgery Malpractice Claims in Australia
The time limit for making a medical negligence claim, whether it involves cataract, eyelid, or breast surgery, is typically 3 years from the date of the incident. Acting early, however, can be crucial. By starting the process sooner, you have more time to gather necessary evidence, consult medical experts, and build a stronger case.
Early action can significantly improve your chances of a favorable outcome, as delays may make it harder to collect key evidence and could complicate the claim process. Understanding this timeframe is essential to protecting your rights and pursuing the compensation you may be entitled to.
How Long Does a Medical Malpractice Compensation Claim Take?
Medical malpractice claims, particularly those involving cosmetic surgery, can take several months or even years to resolve. This is often because complications from failed procedures may take time to fully manifest or stabilize, delaying the start of the claim process. Additionally, these cases require thorough investigation, gathering of medical evidence, and consultations with experts, all of which contribute to the timeline.
Each case is unique, and the time required to resolve it depends on the complexity of the issues involved. For more specific guidance based on your situation, consider consulting with medical negligence lawyers experienced in handling claims for botched cosmetic surgeries. They can help navigate the process and improve the chances of a successful outcome.
Frequently Asked Questions
If you have suffered an injury due to a plastic surgeon’s negligence, then, yes you can. However, not being happy with the results of your plastic surgery doesn’t mean that you are entitled to medical negligence compensation benefits. You are required to to prove that the injury could have been prevented, and/or that the plastic surgeon breached their standard of care.
You may be able to claim compensation for the cosmetic surgeries below:
- Breast surgeries such as augmentation, reduction, lifting.
- Liposuction
- Rhinoplasty
- Facial lifts & implants
- Genital aesthetic operations
- Hair transplantation
Free cosmetic surgery compensation claim advice
Withstand Lawyers has a team of experienced medical negligence lawyers ready to assist you. Call us on 1800 952 898 or fill out our FREE initial consultation form to get in touch.
We operate on a No Win, No Fee basis, meaning you won’t be out of pocket if your claim is unsuccessful. Let us handle your claim while you focus on what truly matters—your recovery.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Free Initial Consultation
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