Cosmetic Claims

Cosmetic surgery has gained popular momentum over the last two decades, however as demonstrated on the cover of 2000s magazines, sometimes the results are not those that were desired. Through the rise of social media, cosmetic surgery has only expanded but with that comes more inexperienced and unqualified practitioners ‘giving it a go’. A common problem is that any doctor with a medical degree in Australia can call themselves a ‘cosmetic surgeon’, notably far less experienced than the specialist training which plastic surgeons must undertake.

Whilst botched lip jobs and Botox come to mind, sometimes the consequences of cosmetic surgery can cause long lasting and severe consequences for patients.

Medical Negligence Claims

Plastic or cosmetic surgeons owe a duty of care to their patients to exercise a standard of reasonable skill and care. When there is a breach of this duty, and harm is suffered as a result, cosmetic surgery negligence compensation may be available.

Examples of negligence in cosmetics include:

  • Breast augmentation negligence
  • Botox and cosmetic fillers claims
  • Rhinoplasty (nose job) compensation
  • Liposuction/ tummy tuck compensation
  • Labiaplasty and penile enhancement procedure claims
  • Incorrect surgical technique or treatment
  • Failure to provide informed consent – material side effects/ risks were not discussed
  • Incorrect medication or anesthesia during surgery
  • Procedure was performed by an unqualified or unlicensed practitioner
  • Post – operative infections
  • Nerve damage
  • Scarring
Compensation is available for:
  • Past and future medical expenses
  • Loss of earnings
  • Pain and suffering
  • Carers and assistance required in the future

Recently, Principal Solicitor, Terry Stern, settled a case at mediation for the plaintiff who suffered extensive scarring and misaligned nipples following a breast augmentation surgery.

How to Establish a Claim

To establish an action in negligence, with your consent, our firm will collect your personal medical records and any correspondence with the relevant cosmetic surgeon. These will be reviewed by specialised medical negligence solicitors and expert medical advice to determine whether the care you received, failed to meet the standard of reasonable care which resulted in further harm to you.

Reach out to our team at Stern Law, offering a unique and individualised understanding of the sensitive nature of medical negligence claims. We will listen with empathy and provide guidance through the complex claims process.

Please call us on (02) 9387 1399 or email us at [email protected]

We look forward to sharing this journey with you.

Disclaimer: The content of this article is intended only to provide a summary and general overview of matters of interest. It does not constitute medical or legal advice and should not be relied on as such.

Class action against the Cosmetic Institute for 240 women who have suffered serious consequences as a result of botched cosmetic procedures. Cardiac arrest, seizure and emergency surgery are some of the harmful consequences as a result of the breach to the duty of care. MBBS – requirement.

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